IN RE: Robert MORRISON (1999)

Court of Appeals of New York.

IN RE: Robert MORRISON, Appellant, et al., Petitioners, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

Decided: February 18, 1999

Kimani Paul-Emile, New York City, Laura Davis, Nancy Chang and Barbara Olshansky for appellant. Eliot Spitzer, Attorney-General, Albany (Stephen P. Hightower, Barbara G. Billet, John W. McConnell and Norman Spiegel of counsel), for New York State Division of Housing and Community Renewal, respondent. Michael D. Hess, Corporation Counsel of New York City (Timothy J. O'Shaughnessy and Kristin M. Helmers of counsel), for New York City Department of Environmental Protection, respondent.

OPINION OF THE COURT

The order of the Appellate Division should be reversed, without costs, and the matter remitted to Supreme Court with directions to dismiss the petition solely on the ground that the issues presented in this case have become moot.

Inasmuch as White Glove Valet, Inc. has ceased all operations and surrendered its lease, no controversy remains between petitioner and the New York Department of State (successor to respondent Division of Housing and Community Renewal) over the proposed use of the leasehold; the case is moot. The exception to the mootness doctrine is inapplicable here (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714-715, 431 N.Y.S.2d 400, 409 N.E.2d 876; see also, Matter of Gold-Greenberger v. Human Resources Admin., 77 N.Y.2d 973, 974-975, 571 N.Y.S.2d 897, 575 N.E.2d 383). The controversy is not of the type to remain live for a relatively short duration, thereby evading review.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.

MEMORANDUM.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum.

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