Opinion
265
February 25, 2003.
Appeal from order and judgment (one paper), Supreme Court, New York County (Martin Schoenfeld, J.), entered on or about November 1, 2001, which denied petitioners' application challenging respondent New York City Campaign Finance Board's determination "to suspend payment of public [matching] funds at this time," and dismissed the petition, unanimously dismissed, without costs.
Catherine M. Hedgeman, for petitioners-appellants.
Fay Ng, for respondent-respondent.
Before: Tom, J.P., Andrias, Sullivan, Friedman, Marlow, JJ.
Insofar as petitioners challenge respondent's determination to suspend payment matching funds under the New York City Campaign Finance Act (Administrative Code of City of N.Y. § 3-701 et seq.) based on a preliminary pre-election audit, the claim is moot since the 2001 election has been held and this Court can no longer grant the relief requested (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714). Nor is the exception to the mootness doctrine applicable here (see Matter of Gold-Greenberger v. Human Resources Admin., 77 N.Y.2d 973). Furthermore, any claim for post-election payment of matching funds is premature since there has been no final audit of petitioners' campaign and no final determination of petitioners' eligibility (see Matter of Committee to Save Beacon Theater, 146 A.D.2d 397, 403). Accordingly, the appeal should be dismissed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.