Sedita v. Bd. of Educ. of the City of Buffalo, 373 N.E.2d 365 (NY 1977). · Go Syfert
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Sedita v. Bd. of Educ. of the City of Buffalo, 373 N.E.2d 365 (NY 1977). Cases Citing This Book View Copy Cite
11 citation events (3 in the last 25 years) across 3 distinct courts.
Strongest positive: Alexandre v. Martinez (nyappdiv, 2018-05-24)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) Alexandre v. Martinez
N.Y. App. Div. · 2018 · confidence medium
We need not reach the issue of the stay, which has since been lifted and rendered academic ( see Sedita v Board of Educ. of City of Buffalo , 43 NY2d 827, 828 [1977]).
cited Cited as authority (rule) Matter of Banks v. Ruth B.
N.Y. App. Div. · 2016 · confidence medium
These events render this appeal moot (see Sedita v Board of Educ. of City of Buffalo, 43 NY2d 827, 828 [1977]).
discussed Cited "see" Matter of Medical Professionals for Informed Consent, Individually & On Behalf of Its Members, Kristen Robillard, M.D., Zarina Hernandez-schipplick, M.D., Margaret Florini, A.S.C.P., Olyesya Girich, Rt (r), & Elizabeth Storelli, R.N., Individually & On Behalf of Others Similarly Situated v. Bassett
N.Y. App. Div. · 2023 · signal: see · confidence high
Inasmuch as the appeal is moot and the exception to the mootness doctrine does not apply, we are precluded from considering the merits of the issues raised on appeal and we "take no position on the propriety of the judgment appealed from" ( Johnston v State Bd. of Elections , 79 AD2d 890 , 890 [4th Dept 1980], lv denied 52 NY2d 706 [1981]; see Sedita v Board of Educ. of City of Buffalo , 43 NY2d 827, 828 [1977]).
Retrieving the full opinion text from the archive…
Salvatore Sedita, as President of Buffalo Council of Supervisors and Administrators, Appellant,
v.
Board of Education of the City of Buffalo, Respondent; Jane McDevitt, Intervenor-Respondent.
New York Court of Appeals.
Dec 21, 1977.
373 N.E.2d 365
Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur.
Cited by 3 opinions  |  Published

Richard Lipsitz, Frank S. Kedzielawa and Stuart M. Pohl for appellant.

Leslie G. Foschio, Corporation Counsel (Anthony C. Vaccaro of counsel), for respondent.

Lauren D. Rachlin and Norman S. Rosenberg for intervenor-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

[*828] MEMORANDUM.

It is the settled practice of this court not to decide questions rendered academic by a change in circumstances subsequent to a determination of a court below. (Town of Greenburgh v Board of Supervisors of Westchester County, 23 N.Y.2d 732.) Since the contested position of supervisor of personnel with respondent board of education has been lawfully abolished, there is no longer a justiciable controversy before us. To assert that grievant Sodaro might be entitled to backpay if this appeal were to be decided favorably to appellant Buffalo Council of Supervisors and Administrators (BCSA) and the case referred back to arbitration does not warrant our consideration of this purely hypothetical question.

While we have on occasion decided questions which, even though moot as between the parties, affect the entire State, or where the issue is likely to arise with frequency, no such showing has been made here. (Matter of Adirondack League Club v Board of Black Riv. Regulating Dist., 301 N.Y. 219.)

Although the Appellate Division properly held the case moot, it nevertheless reached issues, the consideration of which was precluded because of mootness. Accordingly, the order of the Appellate Division should be reversed and the case remitted to Special Term, Erie County, to dismiss the proceeding as moot.

Order reversed, without costs, and the matter remitted to Supreme Court, Erie County, with directions to dismiss the proceeding as moot, in a memorandum.