Ordered that the appeal from so much of the order as, upon reargument, adhered to so much of the original determination as granted those branches of the motions which were to dismiss so much of the petition as sought to vacate the tree removal permit, is dismissed as academic, without costs or disbursements; and it is further,
Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.
In Matter of Iacone v Building Dept. of Oyster Bay Cove Vil. ( 32 AD3d 1026 [decided herewith]), we held that the Supreme Court erred in granting those branches of the respondents' respective motions which were, in effect, to dismiss so much of the petition as sought to vacate the tree removal permit, and modified the order and judgment entered August 22, 2005, accordingly. Therefore, so much of the instant appeal as concerns the tree removal permit must be dismissed as academic.
Contrary to the petitioners' contention, the Supreme Court properly dismissed so much of the petition as sought to vacate the "sports court" permit, for failure to exhaust administrative remedies ( id.).