Opinion
12-17-2015
In the Matter of Lisa BOUCK, Petitioner, v. NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, Respondent.
Tuczinski, Cavalier & Gilchrist, P.C., Albany (Jonathan B. Tingley of counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.
Tuczinski, Cavalier & Gilchrist, P.C., Albany (Jonathan B. Tingley of counsel), for petitioner.
Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.
Before: LAHTINEN, J.P., GARRY, EGAN JR. and CLARK, JJ.
CLARK, J.Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Schenectady County) to review a determination of respondent denying petitioner's request for emergency financial assistance.
Petitioner commenced this CPLR article 78 proceeding challenging a determination of respondent that denied her application for emergency financial assistance for rent arrears in order to avoid eviction. Documents in connection with this proceeding reflect that petitioner has relocated to another residence. As such, the proceeding is moot (see Matter of Higginbotham v. New York State Off. of Temporary & Disability Assistance, 288 A.D.2d 70, 70, 733 N.Y.S.2d 19 [2001] ), and we do not find that the exception to the mootness doctrine applies to the circumstances herein (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ). Accordingly, the proceeding must be dismissed.
ADJUDGED that the petition is dismissed, as moot, without costs.
LAHTINEN, J.P., GARRY and EGAN JR., JJ., concur.