DECISION ORDER
ORDERED that the appeal is dismissed as academic, with costs.
The Supreme Court directed the defendants to file a subdivision application and, in effect, denied that branch of the defendants' motion which was to prevent the plaintiffs from taking the deposition of Steven Levine and obtaining certain documents. No stay of this order was obtained, and the defendants have since filed the subdivision application, and produced Levine and the relevant documents pursuant to the subpoena duces tecum. Under these circumstances, the relief sought by the defendants is no longer available and any determination by this court will not affect the rights of the parties with respect to this action (cf. Matter of Grand Jury Subpoenas for Locals 17, 135, 257 608 of United Bd. of Carpenters Joiners of Am., AFL-CIO [People], 72 N.Y.2d 307, 311, cert denied 488 U.S. 966). The present circumstances do not warrant application of an exception to the mootness doctrine (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714-715; Matter of Congregation Bnei Yoel v. Monroe-Woodbury Cent. School Dist., 258 A.D.2d 582; People ex rel. Smalls v. Tekben, 193 A.D.2d 828). Accordingly, the appeal must be dismissed as academic.
SANTUCCI, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.