Opinion
06-16-2016
In re Joseph R. SAHID, Petitioner–Appellant, v. 1065 PARK AVE. CORP., et al., Respondents–Respondents.
Law Offices of Joseph R. Sahid, New York (Joseph R. Sahid of counsel), for appellant. Cantor, Epstein & Mazzola, LLP, New York (Gary Ehrlich of counsel), for respondents.
Law Offices of Joseph R. Sahid, New York (Joseph R. Sahid of counsel), for appellant.
Cantor, Epstein & Mazzola, LLP, New York (Gary Ehrlich of counsel), for respondents.
Appeal from order, Supreme Court, New York County (Nancy M. Bannon, J.), entered March 20, 2015, which denied the motion and dismissed the petition to set aside two elections held on June 4, 2014 by defendant cooperative corporation and direct new elections, unanimously dismissed, without costs.
After the order on appeal was rendered and before the determination on this appeal, the next regularly-scheduled election for the cooperative's board of directors was held, rendering this appeal moot (see Matter of Paraskevopoulos v. Stavropoulos, 65 A.D.3d 1153, 885 N.Y.S.2d 226 [2d Dept.2009] ; Matter of Frascati v. Irondequoit Nightstick Club, Inc., 101 A.D.3d 1602, 956 N.Y.S.2d 371 [4th Dept.2012] ). The exception to the mootness doctrine does not apply here (id. ; see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ).
In any event, were we to reach the merits, we would find petitioner's arguments unavailing.
TOM, J.P., MAZZARELLI, MANZANET–DANIELS, KAPNICK, KAHN, JJ., concur.