A divided state appeals panel has rejected a bid for an injunction blocking a new addition to St. Mary’s Hospital in Bayside, Queens, ruling that the appeal is moot because the addition is almost built and the petitioner, a community group, failed to seek temporary relief during the appeal.
The Appellate Division, First Department’s 3-2 opinion in Weeks Woodland Association v. Dormitory Authority of the State of New York, 110502/10, handed down May 31, came over a strongly worded dissent, which held that the ruling allowed a “race to complete construction” to determine mootness.
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