Opinion
2001-01300
Argued October 8, 2002.
February 4, 2003.
In a proceeding pursuant to CPLR article 78 to review a resolution of the respondent City of Mount Vernon Industrial Agency, adopted December 20, 1999, the petitioner appeals from an judgment of the Supreme Court, Westchester County (Leavitt, J.), dated January 10, 2001, which denied the petition and dismissed the proceeding.
Thacher Proffitt Wood, White Plains, N.Y. (Kevin J. Plunkett, Lino J. Sciarretta, and Kerry F. Cunningham of counsel), for appellant.
Zarin Steinmetz, White Plains, N.Y. (Michael D. Zarin and Joan C. Waters of counsel), for respondent City of Mount Vernon Industrial Development Agency, and Cuddy Feder Worby, LLP, White Plains, N.Y. (William S. Null and Neil J. Alexander of counsel), for respondent City of Mount Vernon (one brief filed).
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, THOMAS A. ADAMS, JJ.
ORDERED that the appeal is dismissed as academic, with costs.
It is correctly conceded that this appeal has been rendered academic by a subsequent determination on the merits of all of the substantive arguments raised herein (see Matter of Village of Pelham v. City of Mount Vernon Industrial Dev. Agency, 302 A.D.2d 397 [Appellate Division Docket No. 2001-10163, decided herewith]). Thus, the appeal must be dismissed.
RITTER, J.P., ALTMAN, H. MILLER and ADAMS, JJ., concur.