Subsequent to the issuance of the order appealed from, the municipal respondents determined, on the basis of new medical findings, that the condition of the infant petitioner does not constitute brain death as defined in 10 NYCRR 400.16 (a) (2) and have consented to vacatur of the order. In addition, respondents have agreed to seek judicial review before conducting further tests for the purposes of determining whether the infant petitioner is brain dead and before disconnecting life support systems based upon any such determination.
Accordingly, the order appealed from is vacated on consent of respondents, respondents are directed to seek judicial review as indicated, and the appeal is dismissed as academic.
Concur — Kupferman, J.P., Carro, Asch, Kassal and Smith, JJ.