NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
April 13, 2010
IN RE METROPOLITAN STEEL INDUSTRIES, INC., PETITIONER-RESPONDENT,
DORMITORY AUTHORITY STATE OF NEW YORK, ET AL., RESPONDENTS-APPELLANTS.
Appeal from order, Supreme Court, New York County (Eileen A. Rakower, J.), entered October 27, 2008, which vacated respondent Dormitory Authority's acceptance of the bid from respondent Les Construction Beauce-Atlas, unanimously dismissed, without costs, as moot.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Sweeny, Renwick, Freedman, RomÁn, JJ.
Subsequent to the order appealed from, the Dormitory Authority awarded the contract to petitioner, which has since completed the work. Any exception to the mootness doctrine requires "(1) a likelihood of repetition, either between the parties or among other members of the public; (2) a phenomenon typically evading review; and (3) a showing of significant or important questions not previously passed on" (Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 ). The Dormitory Authority has satisfied the second requirement, and petitioner does not contest the third. However, neither respondent has presented facts showing a likelihood of repetition.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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