| Matter of Freeman v State Univ. of N.Y. at Potsdam |
| 2011 NY Slip Op 02986 [83 AD3d 1243] |
| April 14, 2011 |
| Appellate Division, Third Department |
| In the Matter of Gregg Freeman, Appellant, v State University ofNew York at Potsdam et al., Respondents. |
—[*1] Eric T. Schneiderman, Attorney General, Albany (Zainab A. Chaudhry of counsel), forrespondents.
McCarthy, J. Appeal from a judgment of the Supreme Court (Demarest, J.), entered January7, 2010 in St. Lawrence County, which dismissed petitioner's application, in a proceedingpursuant to CPLR article 78, to review an administrative agreement entered into betweenpetitioner and respondent Chip Morris.
While petitioner was a student at respondent State University of New York at Potsdam, hewas charged with violating the school's disciplinary code. After he resolved the charges throughan administrative agreement, he challenged the school's procedures and sought to modify orannul the agreement. His administrative appeal was unsuccessful, leading him to commence thisCPLR article 78 proceeding, which Supreme Court dismissed. Petitioner appeals.
Petitioner graduated in May 2010 and the school never enforced the sanction against him.Because the parties are no longer involved in any actual controversy and petitioner's rights willnot be directly affected by any determination this Court could render, this appeal is moot (seeMatter of Hearst Corp. v Clyne, 50 NY2d 707, 713-714 [1980]; Matter of Goodman vCrew, 239 AD2d 578, 578-579 [1997]). The exception to the mootness doctrine does notapply, requiring us to dismiss the appeal (see Matter of Hearst Corp. v Clyne, 50 NY2d at714-715; Matter of Cornelius v City ofOneonta, 71 AD3d 1282, 1285 [2010]).[*2]
Lahtinen, J.P., Kavanagh and Garry, JJ., concur. Orderedthat the appeal is dismissed, as moot, without costs.