Opinion
January 24, 1995
Appeal from the Supreme Court, Suffolk County (Mullen, J.).
Adjudged that the proceeding is dismissed, without costs or disbursements.
We note that the October 25, 1994, order appointing the respondent Nassau County District Attorney Denis Dillon as Special District Attorney has since been vacated by the respondent Justice Mullen by order dated November 15, 1994, and accordingly, the instant petition, insofar as it seeks to prohibit enforcement of the October 25th order, has been rendered academic.
To the extent that the petition seeks other relief, we note that a subsequent CPLR article 78 proceeding commenced by this petitioner supersedes the instant petition with respect to that relief (see, Matter of Suffolk County Legislature v. Mullen, 211 A.D.2d 736 [decided herewith]). Mangano, P.J., Sullivan, Balletta, Rosenblatt and Miller, JJ., concur.