For a Judgment, etc., v. NEW YORK CITY HOUSING AUTHORITY (1999)

Supreme Court, Appellate Division, First Department, New York.

Edgardo LOPEZ, Petitioner-Respondent, For a Judgment, etc., v. NEW YORK CITY HOUSING AUTHORITY, et al., Respondents-Appellants.

Decided: March 16, 1999

SULLIVAN, J.P., ROSENBERGER, TOM and LERNER, JJ.

Jaya K. Madhavan, for Petitioner-Respondent. Elyse Hilton, for Respondents-Appellants.

Appeal from order and judgment (one paper), Supreme Court, New York County (Emily Goodman, J.), entered October 31, 1997, which, in a proceeding pursuant to CPLR article 78, granted the petition to annul a determination of respondent New York City Housing Authority that petitioner was not a “remaining family member” entitled to take over his now-deceased mother's public housing lease and directed respondent to grant petitioner a lease as a remaining family member, unanimously dismissed as moot, without costs.

Inasmuch as respondent Housing Authority has unconditionally issued a self-renewing lease to petitioner, the issues respondent would raise respecting petitioner's entitlement to such a lease have been mooted and their address is not warranted by any recognized exception to the mootness doctrine (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 713-714, 431 N.Y.S.2d 400, 409 N.E.2d 876).

MEMORANDUM DECISION.

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