Opinion
May 23, 1988
Appeal from the Supreme Court, Queens County (Hyman, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
Inasmuch as the plaintiff's attorney has informed this court that his client, the judgment creditor, has already obtained from the defendant Spielvogel the material which it had sought by motion in the Supreme Court, Queens County, there is no longer any purpose to the instant appeal. As there is no showing by Spielvogel that the case involves a matter of great public importance, that it affects the entire State or that it presents a controversy likely to arise with frequency, the appeal is dismissed (see, Sedita v Board of Educ., 43 N.Y.2d 827, 828). In any event, service of a subpoena upon Business Woodworking, Inc. would under the circumstances, have been a meaningless act (see, Planned Indus. Centers v Eric Bldrs., 51 A.D.2d 586, 587). Bracken, J.P., Brown, Weinstein and Rubin, JJ., concur.