Opinion
May 28, 1991
Appeal from the Supreme Court, Queens County (Leviss, J.).
Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the proceeding is dismissed as academic.
The petitioner commenced this proceeding to set aside a February 24, 1985, election of the officers of Syllogos Kreton Minos, Inc., a society of Greeks of Cretan descent, on the grounds that the election was fraudulent, not in accordance with the by-laws of the corporation, and contrary to the well being of the corporation. However, since the subject election, there have been at least five successive elections. Therefore, the instant controversy is academic (see, Litas Investing Co. v Vebeliunas, 148 A.D.2d 680; Matter of Hanington v Coveney, 62 N.Y.2d 640). Brown, J.P., Kunzeman, Harwood and Rosenblatt, JJ., concur.