Opinion
December 20, 1993
Appeal from the Supreme Court, Nassau County (McCabe, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
Since the instant action and proceeding were subsequently dismissed by the Supreme Court, any determination by this Court will not affect the rights of the parties with respect thereto. We find that the matter does not otherwise warrant invoking an exception to the mootness doctrine (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707). Accordingly, we dismiss the appeal as academic. Bracken, J.P., Sullivan, Lawrence and Joy, JJ., concur.