Opinion
Argued May 18, 2001.
June 25, 2001.
In a proceeding pursuant to CPLR 2304 to quash four Grand Jury subpoenas duces tecum, the petitioners appeal, as limited by their brief, from stated portions of an order of the Supreme Court, Kings County (D'Emic, J.), dated April 10, 2000.
Joshua L. Dratel, P.C., New York, N.Y., for appellants Mosdos Hachesed and Mifal Hachesed, and Sam A. Schmidt, New York, N Y (Marshall A. Mintz of counsel), for appellants Yeshiva Imrei Yosef and Yeshiva Spinka (one brief filed).
Eliot Spitzer, Attorney-General, New York, N.Y. (Bonnie H. Stein and Arthur G. Weinstein of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, BARRY A. COZIER, JJ.
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
On oral argument it was conceded that the Grand Jury had disbanded, rendering the subpoenas void. There is no basis to apply the exception to the mootness doctrine. Accordingly, the appeal is dismissed as academic.
ALTMAN, J.P., KRAUSMAN, McGINITY and COZIER, JJ., concur.