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PEOPLE EX REL. WRIGHT v. SCORALICK

260 A.D.2d 515 (1999)

686 N.Y.S.2d 329

THE PEOPLE OF THE STATE OF NEW YORK ex rel. BRUCE A. WRIGHT, Appellant, v. FRED W. SCORALICK, Respondent.

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

Decided April 12, 1999.

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 (

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