Matter of Duarte v City of New York, 20 NY3d 1067 (2013)

2013 NY Slip Op 01871 [20 NY3d 1067]
March 21, 2013
Court of Appeals

[*1]

In the Matter of Arisleda Duarte, Respondent,
v
City of New York, Appellant.

Argued February 14, 2013; decided March 21, 2013

Matter of Duarte v City of New York, 91 AD3d 778, appeal dismissed.

{**20 NY3d at 1068} OPINION OF THE COURT

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]).

Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera concur.

Appeal dismissed, without costs, as moot, in a memorandum.