Thompson v. State of New York

Full title: JAMES THOMPSON et al., Claimants, v. STATE OF NEW YORK, Appellant, and…

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

Date published: Mar 7, 1988

138 A.D.2d 370 (N.Y. App. Div. 1988)

Opinion

March 7, 1988

Appeal from the Court of Claims (Lengyel, J.).

Ordered that the appeal is dismissed, without costs or disbursements.

In view of the fact that the State of New York and Thompson have reached an out-of-court settlement, a decision on this appeal will not affect the rights of the parties. Nor do the issues presented by this appeal constitute an exception to the mootness doctrine. Thus, the issues raised are academic (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707; New York Pub. Interest Research Group v. Regan, 91 A.D.2d 774, lv denied 58 N.Y.2d 610). Bracken, J.P., Weinstein, Rubin and Sullivan, JJ., concur.