Opinion
14518 Index No. 161067/20 Case No. 2021-02259
10-28-2021
In the Matter of Boubacar CAMARA, Petitioner–Appellant, v. The NEW YORK CITY TAXI AND LIMOUSINE COMMISSION et al., Respondents–Respondents.
Law Office of Daniel L. Ackman, New York (Daniel L. Ackman of counsel), for appellant. Georgia M. Pestana, Corporation Counsel, New York (Philip W. Young of counsel), for respondents.
Law Office of Daniel L. Ackman, New York (Daniel L. Ackman of counsel), for appellant.
Georgia M. Pestana, Corporation Counsel, New York (Philip W. Young of counsel), for respondents.
Renwick, J.P., Gonza´lez, Kennedy, Scarpulla, Rodriguez, JJ.
Appeal from judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered March 2, 2021, denying the petition, which challenged respondent New York City Taxi and Limousine Commission's (TLC's) December 7, 2020 suspension of petitioner's for-hire vehicle driver's license, two TLC rules governing that suspension, and a related Office of Administrative Trials and Hearings’ (OATH) policy, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously dismissed, without costs, as moot.
TLC's reinstatement of petitioner's license, the relief sought in the petition, has rendered his article 78 challenge to the suspension moot (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 713–714, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ). The mootness doctrine is not rendered inapplicable by petitioner's claim for lost earnings damages, as such damages are not incidental to the primary relief sought (see Metropolitan Taxicab Bd. of Trade v. New York City Taxi & Limousine Commn., 115 A.D.3d 521, 523–524, 982 N.Y.S.2d 88 [1st Dept. 2014], lv denied 24 N.Y.3d 911, 2014 WL 7152332 [2014] ).