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In re Lissone

Supreme Court of New York, First Department

January 7, 2014

In re Andre Lissone, Petitioner-Appellant-Respondent,
v.
Dennis M. Walcott, etc., et al., Respondents-Respondents-Appellants.

Wolin & Wolin, Jericho (Alen E. Wolin of counsel), for appellant-respondent.

Michael A. Cardozo, Corporation Counsel, New York (Dona B. Morris of counsel), for respondents-appellants.

Tom, J.P., Friedman, Acosta, Moskowitz, Gische, JJ.

Appeal from order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered August 28, 2012, which granted the petition brought pursuant to CPLR article 78, seeking to annul respondents' determination, dated October 11, 2011, discontinuing petitioner's probationary service as an assistant principal, only to the extent of remanding the matter to respondents to conduct a more thorough investigation, unanimously dismissed as moot, without costs.

The appeal and cross appeal are from a limited order "remanding the matter for Respondents to conduct a thorough and proper investigation" (see Flinker v State Div. of Human Rights, 123 A.D.2d 578 [1st Dept 1986]). The parties inform this Court that such investigation has now been concluded and that Supreme Court has indicated its satisfaction that respondents have complied with the order appealed from. Since Supreme Court has yet to dispose of the matter on the merits, it would be premature to address the propriety of respondent's dismissal of petitioner from his probationary position as interim acting assistant principal, and there is nothing for this Court to review.


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