Opinion
Argued September 8, 1976
Decided September 14, 1976
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department.
Louis J. Lefkowitz, Attorney-General (Thomas Mead Santoro and Ruth Kessler Toch of counsel), for State of New York, appellant.
William J. Stevens, County Attorney (Norman A. Palmiere and Dominic Pellegrino of counsel), for Monroe County Division of Pure Waters, appellant.
Lawrence T. Kurlander, District Attorney (Michael Nelson of counsel), respondent pro se. David A. Johns for Andrew G. Celli, respondent.
MEMORANDUM.
Judgments dismissing the petitions affirmed, without costs. Apart from any other consideration which these appeals may suggest, the matters which gave rise to them have become moot, in substance, albeit not in form. On argument it was conceded, what was implicit anyway in the briefing, that the pending prosecutions would never be progressed. Moreover, the only reason assigned for not making motions to dismiss the indictments or to discontinue their prosecution was the existence of stays granted by this court. Those stays were vacated by oral decision in open court during the argument of the appeals. Nothing remains to deter a final resolution.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
In each case: Judgment affirmed.