Opinion
Argued March 20, 1985
Decided April 2, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Sheldon S. Levy, J.
Andrew Scherer, Susan Barrie, Lucy Billings, John E. Kirklin, James C. Francis, IV, and Scott A. Rosenberg for appellants and intervenors-appellants.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( June A. Witterschein, Leonard Koerner and Jeffrey Schanback of counsel), for respondents.
Order reversed, without costs, and matter remitted to Supreme Court, New York County, with directions to dismiss the proceeding for mootness. We decline to exercise our discretion to retain jurisdiction despite mootness ( see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 718) for the reason that in this instance the City has in fact published regulations.
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and KANE. Taking no part: Judge ALEXANDER.
Designated pursuant to N Y Constitution, article VI, § 2.