IN RE: CAMPAIGN FOR BUFFALO HISTORY (2018)

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum:  The challenge of petitioner-plaintiff (petitioner) to the determination of the Common Council of respondent-defendant City of Buffalo is moot because petitioner did not seek any injunctive relief from this Court during the pendency of this appeal, and the subject building has been demolished (see Citizens for St. Patrick's v City of Watervliet City Council, 126 AD3d 1159, 1160 [3d Dept 2015];  Solow v. Imre Beauty Salon, 34 A.D.2d 901, 901 [1st Dept 1970];  see also Lubelle v. Rochester Preserv.  Bd., 158 A.D.2d 975, 976 [4th Dept 1990], lv denied 75 N.Y.2d 710 [1990];  see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714 [1980] ).  This appeal must therefore be dismissed.

Contrary to petitioner's contention, “the exception to the mootness doctrine does not apply because ‘[t]here is a realistic likelihood that the issues presented here will recur [in other cases] with an adequately developed record and with a timely opportunity for review’ “ (Matter of Citineighbors Coalition of Historic Carnegie Hill v New York City Landmarks Preserv.  Commn., 2 NY3d 727, 730 [2004];  see generally Hearst Corp., 50 N.Y.2d at 714–715).

Mark W. Bennett

Clerk of the Court