IN RE: CONGREGATION BNEI YOEL (1999)

In a proceeding pursuant to CPLR article 78 to review a determination of the Monroe-Woodbury Central School District, dated May 14, 1997, to sell surplus school buses to another school district following the submission of bids, the petitioner appeals from (1) a decision of the Supreme Court, Orange County (LaCava, J.), dated January 29, 1998, as amended February 3, 1998, and (2) a judgment of the same court, entered March 17, 1998, which dismissed the proceeding and vacated a stay of the transfer of the subject school buses.

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509, 472 N.Y.S.2d 718);  and it is further,

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

The petitioner commenced this proceeding to challenge the determination of the Monroe-Woodbury Central School District (hereinafter Monroe-Woodbury) to sell four used school buses to another school district following the submission of bids.   The relief sought by the petitioner was a judgment directing Monroe-Woodbury to accept the petitioner's bid as the highest qualified bid and to sell the buses to it.   The petitioner obtained an order staying the sale and transfer of the buses to the other school district pending the determination of the proceeding.   The Supreme Court subsequently dismissed the proceeding on the merits and vacated the stay.   Although the petitioner appealed, it did not seek any further stay.   Thereafter, during the pendency of this appeal, and consistent with the judgment of the Supreme Court, the sale of the buses went forward, and Monroe-Woodbury avers that it no longer owns or possesses the vehicles.   Given these circumstances, the relief sought by the petitioner is no longer available, and the rights of the parties will not be directly affected by the resolution of this appeal (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 431 N.Y.S.2d 400, 409 N.E.2d 876).   Accordingly, this appeal has been rendered academic, and dismissal is appropriate (see, Merenda v. Lisi, 244 A.D.2d 535, 664 N.Y.S.2d 471;  People ex rel. Smalls v. Tekben, 193 A.D.2d 828, 598 N.Y.S.2d 998;  Matter of Niagara Mohawk Power Corp. v. New York State Dept. of Envtl. Conservation, 169 A.D.2d 943, 564 N.Y.S.2d 839;  Matter of Serafin v. Wallace, 117 A.D.2d 926, 499 N.Y.S.2d 20).

MEMORANDUM BY THE COURT.