The Special Term denied the motion and dismissed the proceeding on the ground that the issues were academic and moot, because it appeared that the promotional list involved expired on January 15, 1954, and no appointment had been made therefrom. We think the position was sound. This proceeding is not in the category of those rare exceptions where a moot issue will arise because of public policy and because of certainty that the same issue will arise in the future. There is...
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