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MATTER OF DUARTE v. CITY OF NEW YORK

No. 54

20 N.Y.3d 1067 (2013)

986 N.E.2d 436

964 N.Y.S.2d 618

2013 NY Slip Op 1871

In the Matter of ARISLEDA DUARTE, Respondent, v. CITY OF NEW YORK, Appellant.

Court of Appeals of New York.

Decided March 21, 2013.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Fay Ng , Pamela Seider Dolgow and Janice Birnbaum of counsel), for appellant.

Curtis , Mallet-Prevost , Colt & Mosle, LLP, New York City ( Valentina M. Morales of counsel), and Nixon Peabody LLP, Manchester, New Hampshire ( Morgan Nighan of counsel), for respondent.

Morningside Heights Legal Services, Inc., New York City ( Philip M. Genty of counsel), for Columbia Law School Prisoners and Families Clinic, amicus curiae.

Steven Banks , Legal Aid Society, New York City ( Dori A. Lewis of counsel), for Prisoners' Rights Project of the New York City Legal Aid Society, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur.

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 because...

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