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Lopez v. New York City Housing Authority

259 A.D.2d 347 Court N.Y. App. Div. Decision date 1999-03-16 English

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p. 347
Edgardo Lopez, Respondent, v New York City Housing Authority et al., Appellants.
[687 NYS2d 47]

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

p. 348
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 NY2d 707 , 713-714). Concur — Sullivan, J. P., Rosenberger, Tom and Lerner, JJ.

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