Matter of Bouck v New York State Off. of Temporary & Disability Assistance

Matter of Bouck v New York State Off. of Temporary & Disability Assistance 2015 NY Slip Op 09327 Decided on December 17, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: December 17, 2015
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[*1]In the Matter of LISA BOUCK, Petitioner,

v

NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, Respondent.

Calendar Date: October 13, 2015
Before: Lahtinen, J.P., Garry, Egan Jr. and Clark, JJ.

Tuczinski, Cavalier & Gilchrist, PC, Albany (Jonathan B. Tingley of counsel), for petitioner.

Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.

Clark, J.

MEMORANDUM AND JUDGMENT

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 AD2d 70, 70 [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 NY2d 707, 714 [1980]). Accordingly, the proceeding must be dismissed.

Lahtinen, J.P., Garry and Egan Jr., JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs.