Majority
Appeal unanimously dismissed without costs as moot. Memorandum: Petitioner, an unsuccessful bidder, commenced this CPLR article 78 proceeding for an order vacating the award of a public contract to another bidder and staying further performance on the contract. Supreme Court dismissed the petition. Petitioner’s application for a stay was denied by this court. The parties during oral argument agreed that the contract had been substantially completed; therefore, the appeal is dismissed as moot (see, Matter of Bush Term. Roofing & Contr. v Board of Educ., 91 AD2d 662 ; see also, Matter of Lewis Tree Serv. v Fire Dept., 66 NY2d 667 , 669; Barrett Foods Corp. v New York City Bd. of Educ., 144 AD2d 410 , 411). We note that the exceptions to application of the mootness doctrine do not apply in this case (see generally, Matter of Hearst Corp. v Clyne, 50 NY2d 707 ; 7 Weinstein-Korn-Miller, NY Civ Prac |f 5522.08). (Appeal from judgment of Supreme Court, Oneida County, Parker, J.—art 78.) Present —Dillon, P. J., Denman, Green, Balio and Davis, JJ.
Cases cited
- Lewis Tree Service, Inc. v. Fire Department 66 NY2d 667 at 669 p. 904
- Barrett Foods Corp. v. New York City Board of Education 144 AD2d 410 at 411 p. 904
- Hearst Corp. v. Clyne 50 NY2d 707 p. 904