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Weiner v. State

89 A.D.3d 953 Court N.Y. App. Div. Decision date 2011-11-15 English

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p. 953
In the Matter of Don Weiner, Appellant, v State of New York et al., Respondents, et al., Respondent/Defendant.
[932 NYS2d 725]

As the temporary order of protection at issue in this case has been vacated, any determination by this Court will not directly affect the rights of the parties (see Festa v Festa, 76 AD3d 1047 ,

p. 954
1047-1048 [2010]; Matter of Bucaro v Morales, 62 AD3d 994 , 995 [2009]). Since the matter does not warrant the invocation of the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707 , 714 [1980]), the appeal must be dismissed as academic (see Matter of Bucaro v Morales, 62 AD3d at 995 ). Rivera, J.E, Dickerson, Eng and Roman, JJ., concur.

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