Ordered that the appeal is dismissed as academic, without costs or disbursements.
Since the appellants sold all their right, title, and interest in the service mark "Frank's Steaks" ( see, Stillman v. Tuesday's Restauranteurs, 99 A.D.2d 735) prior to their perfection of this appeal, any determination by this Court will not affect the rights of the parties with respect to this proceeding ( see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714). We find that the matter does not otherwise warrant invoking an exception to the mootness doctrine (see, Matter of Hearst Corp. v. Clyne, supra). Accordingly, we dismiss the appeal as academic. Mangano, P.J., Balletta, Copertino and Hart, JJ., concur.