Opinion
April 12, 1999
Appeal from the Supreme Court, Dutchess County (Hillery, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
As the petitioner concedes, the issue raised on this appeal is academic. Contrary to the petitioner's contention, the instant matter does not qualify as an exception to the mootness rule ( cf., Matter of Brown v. Appelman, 241 A.D.2d 279, 282-283), inter alia, because the issue raised has already been decided by the Court of Appeals ( see, e.g., Matter of Angel A., 92 N.Y.2d 430; People v. Swamp, 84 N.Y.2d 725).
Altman, J. P., Friedmann, McGinity and Luciano, JJ., concur.