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MICHAEL E. GUZIEC et al., Appellants, v. MARK WOODS et al., Constituting the Zoning Board of Appeals of the City of Dunkirk, et al., Respondents.

Appeal unanimously dismissed without costs. Memorandum: Petitioners appeal from a judgment which affirmed the determination of the City of Dunkirk Zoning Board of Appeals granting a seasonal variance to respondents Runfola and Corsi to operate a hot dog stand on Runfola's property. Since the variance at issue expired by its own terms on November 1, 1989, this appeal is rendered moot (see, Matter of Burns Pharmacy v Conley, 146 A.D.2d 842, 843). Moreover, we conclude that the issue presented is not of such general interest or public importance that exception to the mootness doctrine is warranted (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715; cf., Matter of Friends of Pine Bush v Planning Bd., 86 A.D.2d 246, 248, affd 59 N.Y.2d 849).

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GUZIEC v. WOODS
(Mar 8, 1991)