Opinion
February 20, 1986
Appeal from the Supreme Court, Albany County (Torraca, J.).
In this proceeding, petitioners challenge a determination by the Board of Building and Zoning Appeals of the City of Albany which granted a use variance so that an existing structure could be renovated to house a Stewart's Bread and Butter Shop. At the argument on this appeal, this court was informed that the structure has already been altered and the proposed store has been completed. Since the completion of the work renders the controversy in this case moot and petitioners failed to seek injunctive relief during the pendency of this proceeding, the appeal should be dismissed (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 713-714; Matter of Friends of Pine Bush v. Planning Bd., 86 A.D.2d 246, 247-248, affd 59 N.Y.2d 849).
Appeal dismissed, as moot, without costs. Mahoney, P.J., Kane, Weiss, Mikoll and Levine, JJ., concur.