Barish v. Servey — 181 A.D.2d 1069

Majority

p. 1069

Henry R. Barish, on Behalf of Himself and All Others Similarly Situated, Appellant, v Judith M. Servey, on Behalf of Herself and All Others Similarly Situated, Respondent.

Appeal unanimously dismissed without costs as moot. Memorandum: The termination of the underlying criminal action renders the issues presented on this appeal moot. Further, we conclude that the appeal does not come within an exception to the mootness doctrine (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707 ). (Appeal from Order of Supreme Court, Allegany County, Sprague, J. — Declaratory Judgment.) Present — Den-man, P. J., Boomer, Boehm, Fallon and Davis, JJ.

Cases cited

Hearst Corp. v. Clyne 50 NY2d 707 N.Y. 1980-07-03 p. 1069