Barish v. Servey 181 A.D.2d 1069

Appeal unanimously dismissed without costs as moot. Memorandum: The termination of the underlying criminal action renders the issues presented on this appeal moot. Further, we conclude that the appeal does not come within an exception to the mootness doctrine (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707). (Appeal from Order of Supreme Court, Allegany County, Sprague, J. — Declaratory Judgment.) Present — Den-man, P. J., Boomer, Boehm, Fallon and Davis, JJ.