Matter of Rubino v. City of New York

Full title: In the Matter of the Claim of JOSEPHINE RUBINO, Respondent, v. CITY OF NEW…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 16, 1966

27 A.D.2d 588 (N.Y. App. Div. 1966)

Opinion

December 16, 1966

Motion to dismiss appeal as academic granted, respondent board having vacated the decision appealed during the pendency of the appeal. The subsequent decision may not be reviewed upon this appeal. (Cf. Matter of Williams v. Bowers, 24 A.D.2d 1035; Matter of Veach v. County of Erie, 24 A.D.2d 916; where, upon rehearing, the board adhered to its original decision.) Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.