Opinion
Argued October 14, 1997
Decided December 2, 1997
APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered February 10, 1997, which modified, on the law, and, as modified, affirmed an order of the Supreme Court (Howard E. Levitt, J.), entered in Nassau County, inter alia, denying a motion by petitioner Mordecai A. Berkun for summary judgment dissolving Validation Review Associates, Inc., and denying a cross motion by respondent David Schimel for summary judgment dismissing the petition. The modification consisted of deleting the provision of the order denying that branch of petitioner's motion which was for summary judgment dissolving the corporation, and substituting therefor a provision granting summary judgment.
APPEAL, by permission of the Appellate Division of the Supreme Court in the Second Judicial Department, from an order of that Court, entered July 29, 1996, which affirmed an order of the Supreme Court (Howard E. Levitt, J.), entered in Nassau County, denying a motion by respondent David Schimel to dismiss the petition, granting those branches of a cross motion by petitioner Mordecai A. Berkun which were to dismiss the first six of respondent's counterclaims, and directing that the issues involved upon the petition for dissolution await the outcome of a preliminary trial involved on the seventh counterclaim. The following question was certified by the Appellate Division: "Was the opinion and order of this court, dated July 29, 1996, properly made?"
Matter of Validation Review Assocs., 236 A.D.2d 477, reversed.
Matter of Validation Review Assocs., 223 A.D.2d 134, reversed.
Levitt Cohen, Williston Park ( Steven L. Levitt and James Schwartzman of counsel), for appellant.
Gerry E. Feinberg, White Plains, for respondent.
MEMORANDUM.
The orders of the Appellate Division should be reversed, without costs, and the matter remitted to Supreme Court with directions to dismiss the proceeding as moot.
These two appeals bring before this Court a single proceeding to dissolve a corporation. At oral argument, counsel for both parties indicated that the corporation was in dissolution and a receiver had been appointed. Postargument submissions have demonstrated that any determination rendered by this Court will be academic. Accordingly, we conclude that the matter should be remitted to Supreme Court with directions to dismiss the proceeding as moot, thereby eliminating the grounds for the determinations heretofore made ( see, Matter of Park E. Corp. v Whalen, 43 N.Y.2d 735, 736).
Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.
In the first appeal: order reversed, without costs, and matter remitted to Supreme Court, Nassau County, with directions to dismiss the proceeding as moot, in a memorandum.
In the second appeal: order reversed, without costs, matter remitted to Supreme Court, Nassau County, with directions to dismiss the proceeding as moot, and certified question answered in the negative, in a memorandum.