MATTER OF ROADWAY EXPRESS, INC. v. COMM'R OF THE NEW YORK STATE DEP'T OF LABOR


66 N.Y.2d 742 (1985)

In the Matter of Roadway Express, Inc., Appellant, v. Commissioner of the New York State Department of Labor, Respondent.

Court of Appeals of the State of New York.

Decided October 24, 1985.


Attorney(s) appearing for the Case

Stuart A. Summit, Richard A. Wilsker, Randy L. Levine and Barbara Hoey for appellant.

Robert Abrams, Attorney-General (Howard B. Friedland, Robert Hermann, Carlin Meyer and Jane Lauer Barker of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE, ALEXANDER and TITONE concur; Judge SIMONS taking no part.


MEMORANDUM.

The appeal should be dismissed.

In this proceeding to quash a subpoena it is conceded that the records were surrendered in accordance with the subpoena when the Appellate Division refused to grant a stay pending the appeal to that court. There is no basis for this court to exercise its discretion to retain the appeal despite the mootness (cf. Matter of Barbara C., 64 N.Y...

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