The appeal should be dismissed, without costs, because no motion to dismiss was made by the Attorney-General.
The issue presented for review on this appeal was rendered moot when defendant accepted plaintiff's proposed offering on October 31, 1986. Acceptance of the offering occurred before the trial court ruled, apparently in ignorance of that fact, and manifestly before the Appellate Division affirmed, without opinion, and granted plaintiff leave to appeal to this court. Notwithstanding defendant's acceptance of the proposal, plaintiff's counsel neither advised this court of the resolution of its client's dispute nor offered any reason or argument why we should apply an exception to the mootness doctrine and address the merits (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715).
Additionally we note, as we have previously (see, Babigian v Wachtler, 69 N.Y.2d 1012;
Appeal dismissed, without costs, in a memorandum.