NABER ELECTRIC CORP v. HAWTHORNE CEDAR KNOLLS UNION FREE SCHOOL DISTRICT (2008)

In an action to recover damages for breach of contract and to foreclose a mechanic's lien, the plaintiff appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), dated November 15, 2006, which granted the defendants' motion to vacate the extension of notice of mechanic's lien against their real property filed by the plaintiff on August 8, 2006.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

 “[A]n appeal will be considered moot unless the rights of the parties will be directly affected by the determination of the appeal and the interest of the parties is an immediate consequence of the judgment” (Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876).   Since the extension of notice of mechanic's lien would have expired on August 8, 2007 (see Lien Law § 17), the parties' rights would not be affected by a decision and order reinstating the extension of notice of mechanic's lien.   Thus, this appeal has been rendered academic (see Matter of Fullerton Land Dev. v. Meyer, 292 A.D.2d 607, 739 N.Y.S.2d 614).   Moreover, this case does not warrant invoking the exception to the mootness doctrine (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d at 714-715, 431 N.Y.S.2d 400, 409 N.E.2d 876).