Opinion
December 21, 1990
Appeal from the Supreme Court, Oneida County, Parker, J.
Present — Dillon, P.J., Denman, Green, Balio and Davis, JJ.
Appeal unanimously dismissed without costs as moot. Memorandum: Petitioner, an unsuccessful bidder, commenced this CPLR article 78 proceeding for an order vacating the award of a public contract to another bidder and staying further performance on the contract. Supreme Court dismissed the petition. Petitioner's application for a stay was denied by this court. The parties during oral argument agreed that the contract had been substantially completed; therefore, the appeal is dismissed as moot (see, Matter of Bush Term. Roofing Contr. v. Board of Educ., 91 A.D.2d 662; see also, Matter of Lewis Tree Serv. v. Fire Dept., 66 N.Y.2d 667, 669; Barrett Foods Corp. v. New York City Bd. of Educ., 144 A.D.2d 410, 411). We note that the exceptions to application of the mootness doctrine do not apply in this case (see generally, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707; 7 Weinstein-Korn-Miller, N Y Civ Prac ¶ 5522.08).