Opinion
May 21, 1987
Appeal from the Supreme Court, Chenango County (Lee, Jr., J.).
On September 11, 1986, petitioner, a senior at Norwich High School in Chenango County, was dismissed from the varsity football team for violating a provision of respondent Norwich Central School District's athletic code of conduct prohibiting, inter alia, the use of tobacco. Specifically, petitioner was observed smoking a cigarette off school grounds by the principal and vice-principal. After admitting the violation, petitioner was suspended as indicated. Petitioner commenced the instant proceeding pursuant to CPLR article 78 seeking reinstatement on the team. Supreme Court granted the petition by modifying the punishment to a three-game suspension and directing petitioner's reinstatement. Respondents have appealed.
Inasmuch as the varsity football season has concluded, the instant controversy has been rendered moot (see, Matter of David C., 69 N.Y.2d 796; Matter of Serafin v. Wallace, 117 A.D.2d 926; Matter of Marsha W.W. v. Capital Dist. Psychiatric Center, 103 A.D.2d 988; Matter of Starmer v. Whitney Point Cent. School Dist., 96 A.D.2d 640). Nor do we find that the prevailing issue warrants the retention of this appeal despite its mootness (see, Matter of David C., supra).
Appeal dismissed, as moot, with costs. Kane, J.P., Main, Weiss, Mikoll and Harvey, JJ., concur.