Matter of Duarte v City of New York

Matter of Duarte v City of New York 2013 NY Slip Op 01871 Decided on March 21, 2013 Court of Appeals 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 on March 21, 2013
No. 54

[*1]In the Matter of Arisleda Duarte, Respondent,

v

City of New York, Appellant.




Fay Ng, for appellant.
Valentina M. Morales, for respondent.
Columbia Law School Prisoners and Families Clinic of
Morningside Heights Legal Services; Prisoners' Rights Project
of the New York City Legal Aid Society, amici curiae.


MEMORANDUM:

The appeal should be dismissed, without costs, as moot.

Respondent City of New York has asked us to review whether it was error for the Appellate Division to conclude that it was arbitrary and capricious for the New York City Department of Correction to deny petitioner's application to enter the nursery program at the Rose M. Singer Center at Rikers Island. We agree with petitioner that this proceeding is moot [*2]because her child is now of an age that renders him ineligible for participation in the nursery program pursuant to Correction Law § 611. Moreover, in light of the Department of Correction's revised Nursery Order, effective February 11, 2013, we decline to invoke the mootness exception (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).
* * * * * * * * * * * * * * * * *
Appeal dismissed, without costs, as moot, in a memorandum. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera concur.
Decided March 21, 2013