New York Court of Appeals, 1985

Matter of Roadway Express, Inc. v. Comm'r of the New York State Dep't of Labor

New York Court of Appeals · Decided October 24, 1985 · Wachtler and Judges Jasen, Meyer, Kaye, Alexander and Titone Concur Judge Simons Taking No Part

66 N.Y.2d 742; 497 N.Y.S.2d 358; 488 N.E.2d 104; 1985 N.Y. LEXIS 17640

Cases that cite this one

9 later published cases cite this decision.

In re Grand Jury Subpoenas for Local 17, 135, 257 & 608 of United Brotherhood of Carpenters & Joiners of America (N.Y. 1988)
Matter of Henry St. Invs., Ltd. v. Brennan (Appellate Division of the Supreme Court of New York 2017)
Matter of Henry St. Invs., Ltd. v. Brennan (Appellate Division of the Supreme Court of New York 2017)
Cobleskill Stone Products, Inc. v. Town of Schoharie (Appellate Division of the Supreme Court of New York 2013)
Cobleskill Stone Products, Inc. v. Town of Schoharie (Appellate Division of the Supreme Court of New York 2013)
Ruskin v. Safir (Appellate Division of the Supreme Court of New York 1999)
Ruskin v. Safir (Appellate Division of the Supreme Court of New York 1999)
200 East 74 Corp. v. Dallas (Appellate Terms of the Supreme Court of New York 1995)
Capital District Greens v. City of Albany (Appellate Division of the Supreme Court of New York 1993)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

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 NY2d 866) since there is no showing that the issue is the type likely to evade review. Indeed, a proceeding relating to the Commissioner’s subsequent efforts to enforce the statute at issue is still pending in the lower courts.

Chief Judge Wachtler and Judges Jasen, Meyer, Kaye, Alexander and Titone concur; Judge Simons taking no part.

Appeal dismissed, without costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.