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Ann Marie R. v. Whelan
43 A.D.3d 1376
N.Y. App. Div.
2007
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Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered February 28, 2006 in a proceeding pursuant to CELR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: Fetitioner commenced this CELR article 78 proceeding challenging the determination prohibiting her from entering the grounds of respondent Starpoint Central School District for a period of three months.. This appeal is moot because the three-month period has expired, and this case does not fall within the exception to the mootness doctrine (see generally Saratoga County Chamber of Commerce v Pataki, 100 NY2d 801, 811 [2003], cert denied 540 US 1017 [2003]; Matter ofHearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]; Matter of Schutt v Norwich Cent. School Dist., 130 AD2d 891 [1987]). Fresent—Scudder, P.J., Hurlbutt, Gorski, Centra and Green, JJ.

Case Details

Case Name: Ann Marie R. v. Whelan
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Sep 28, 2007
Citation: 43 A.D.3d 1376
Court Abbreviation: N.Y. App. Div.
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