Opinion
October 23, 1989
Appeal from the Supreme Court, Nassau County, DiNoto, J., Brucia, J.
Ordered that the appeal from the ex parte order dated September 26, 1988 is dismissed; and it is further,
Ordered that the appeal from the decision is dismissed as no appeal lies from a decision; and it is further,
Ordered that the appeal from the order dated November 23, 1988 is dismissed as academic; and it is further,
Ordered that the plaintiffs are awarded one bill of costs.
The appeal from the order which granted the plaintiffs' ex parte application for a temporary restraining order must be dismissed as no appeal lies from an ex parte order (see, Bailen v Jones, 102 A.D.2d 859; Violante v Berkowitz, 90 A.D.2d 837). Review of an ex parte order is obtainable only by application pursuant to CPLR 5704 (a).
In addition, since the plaintiffs were granted a preliminary injunction only until the Public Health Council rendered a determination with respect to the complaints filed by the plaintiffs and since the council rendered such a determination while this appeal was pending, the appeal from the order granting the preliminary injunction is academic (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707). Mollen, P.J., Bracken, Rubin and Sullivan, JJ., concur.