Opinion
September 13, 1984
Appeal from the Supreme Court, Albany County (Pennock, J.).
Petitioner brought the instant CPLR article 78 proceeding in the nature of mandamus to compel respondent to issue him a license to practice as a certified public accountant. Special Term granted his petition and directed the issuance of the license. This appeal by respondent then ensued.
Petitioner unfortunately died before the appeal was argued or finally submitted, however. The only substantive relief sought in the petition was a judgment directing respondent to issue petitioner a license. Petitioner's death obviously renders this petition moot. In such matters involving personal licensure by a State agency, the proceeding does not survive the applicant's death ( Matter of Barry v O'Connell, 306 N.Y. 599; Matter of Cedeno v New York State Liq. Auth., 80 A.D.2d 503).
Judgment reversed, on the law, without costs, and petition dismissed on the ground of mootness. Mahoney, P.J., Casey, Weiss, Levine and Harvey, JJ., concur.