| Matter of Ann Marie R. v Whelan |
| 2007 NY Slip Op 07179 [43 AD3d 1376] |
| September 28, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Ann Marie R., Appellant, v C. Douglas Whelan, as Superintendent of Starpoint Central School District, et al., Respondents. |
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Norton Radin Hoover Freedman, Kenmore (Andrew J. Freedman of counsel), for
respondents-respondents.
Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered February 28, 2006 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.
Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging the determination prohibiting her from entering the grounds of respondent Starpoint Central School District for a period of three months. This appeal is moot because the three-month period has expired, and this case does not fall within the exception to the mootness doctrine (see generally Saratoga County Chamber of Commerce v Pataki, 100 NY2d 801, 811 [2003], cert denied 540 US 1017 [2003]; Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]; Matter of Schutt v Norwich Cent. School Dist., 130 AD2d 891 [1987]). Present—Scudder, P.J., Hurlbutt, Gorski, Centra and Green, JJ.