Opinion
Submitted February 8, 1985
Decided February 21, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Bernard F. McCaffrey, J.
Morris Ehrlich and Preston A. Leschins for appellant.
Ronald J. Berk for respondent.
Taylor R. Briggs, Thomas G. Rohback and Donald Moy for Medical Society of the State of New York, amicus curiae.
Order reversed, without costs, and case remitted to Supreme Court, Nassau County, with directions to amend its disposition by dismissing the original complaint for mootness. The issues involving the original complaint are moot because Special Term has granted plaintiff's motion to amend the complaint. The merits not having been passed upon by this court, the question certified is not answered.
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.