Opinion
June 2, 1997
Appeal from Supreme Court, Westchester County (Scarpino, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
Since the commencement of the instant declaratory judgment action, this Court has reversed an order of the Supreme Court, Westchester County, entered October 3, 1996, in the underlying personal injury actions which denied the City of Mount Vernon's motion for summary judgment and we granted summary judgment to the City of Mount Vernon dismissing the complaints and all cross claims ( Powell v. City of Mount Vernon, 228 A.D.2d 572). Further, the Court of Appeals denied leave to appeal ( Powell v. City of Mount Vernon, 89 N.Y.2d 807). Consequently, any determination by this Court will not immediately affect the rights of the parties with respect to this action. 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, 714).
Copertino, J.P., Thompson, Santucci and Friedmann, JJ., concur.