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MATTER OF GROS v. PORT WASHINGTON POLICE DIST.

174 A.D.2d 618 (1991)

In the Matter of Paul Gros, Individually and as President of The Port Washington Police Benevolent Association, Inc., et al., Appellants, v. Port Washington Police District et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 10, 1991

Ordered that the appeal is dismissed as academic, with costs.

Since the order of the Chief of Police was effective only for the month of December of 1988, the determination of whether the action was arbitrary and capricious is academic (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714). "[T]his case is * * * not of the class that should be preserved as an exception...

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