Opinion
February 22, 1999
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The plaintiffs commenced this action, inter alia, to enjoin the defendants from purchasing a parcel of improved real property located at 180 Babylon Turnpike in Roosevelt, New York. They moved to preliminarily enjoin the purchase, submitting in support an affidavit of the plaintiff Jesse Arnette stating that the specific proposal to acquire 180 Babylon Turnpike was approved at a meeting which violated State law. The motion was denied, and this appeal ensued. However, the plaintiffs' counsel now concedes that, during the pendency of the appeal, the defendants abandoned the proposed purchase of the Babylon Turnpike property, and are currently contemplating the purchase of an entirely different parcel. Given these developments, this appeal has been rendered academic ( see generally, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707). The plaintiffs may not challenge the proposed purchase of different real property in the context of this appeal.
Mangano, P. J., Sullivan, Joy and Altman, JJ., concur.