Opinion
January 14, 1991
Appeal from the Supreme Court, Kings County (Krausman, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
During the pendency of this action, the plaintiffs in fact received all of the benefits to which they claimed entitlement under the disputed regulation. The dispute is therefore academic, and this court declines to consider the questions now raised on this appeal (see, Matter of Grand Jury Subpoenas for Locals 17, 135, 257 608 of United Bhd. of Carpenters Joiners [People], 72 N.Y.2d 307, 311, cert denied 488 U.S. 966; Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 713; see generally, Siegel, N Y Prac § 525; 10 Carmody-Wait 2d, N Y Prac §§ 70:54, 70:57, 70:93). Sullivan, J.P., Eiber, Harwood and Balletta, JJ., concur.