Opinion
July 5, 1994
Appeal from the Supreme Court, Orange County (Pirro, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The petitioners, the Orange County Legislature and its members (hereinafter the Legislature), commenced the instant CPLR article 78 proceeding to compel the Orange County Executive and the Orange County Attorney to comply with certain resolutions adopted by the Legislature which, inter alia, authorized the acquisition of certain real property for the purpose of constructing a jail facility thereon. The Supreme Court granted the motion of the County Executive and the County Attorney to dismiss the proceeding, and this appeal ensued. However, this Court was not advised until oral argument of this matter that, during the pendency of this appeal, the parties had agreed not to acquire the aforementioned real property and to consider alternative sites for the contemplated jail facility. Accordingly, this appeal has been rendered academic, inasmuch as any determination rendered by this Court would not directly affect the rights of the parties and no controversy remains (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707; Matter of Rashawn J., 200 A.D.2d 745; Matter of Kelly v. Connors, 192 A.D.2d 607; Matter of Dominici v. MacClean, 188 A.D.2d 532). Moreover, this appeal does not warrant the invocation of an exception to the mootness doctrine (see, e.g., Matter of Gold-Greenberger v. Human Resources Admin., 77 N.Y.2d 973; Matter of Hearst Corp. v. Clyne, supra, at 707). Accordingly, the appeal is dismissed.
We remind the Bar that, pursuant to the published notice of the Appellate Division, Second Department, which appears each business day in the New York Law Journal, this Court is to be notified immediately in the event that any matter is settled or is rendered academic for any reason. The inconsiderate behavior of counsel in failing to so notify the Court, as in this case, diverts precious time available to this Court for the adjudication of genuine controversies and borders on frivolous conduct. Sullivan, J.P., Balletta, Altman and Friedmann, JJ., concur.