In Matter of Cerniglia v. Ambach (145 AD2d 893, 536 N.Y.S.2d 227 [3d Dept 1988], appeal denied 74 NY2d 603, 541 N.E.2d 425, 543 N.Y.S.2d 396 [1989]), the district, its Board of Education, and individual taxpayers sought a determination that 8 NYCRR 175.34(a)(6) was illegal in requiring use of "five-year average full value statistics" to determine formula aid eligibility under Education Law 3602(31). They sought a preliminary injunction directing respondents to pay the district its full difference funding amount for the 1986-1987 school year. Meanwhile, the Legislature enacted, and the Governor signed, Laws of 1987, which ordered the district to issue a supplemental tax warrant to collect $367,500, the amount by which the district was deemed short of qualifying for full difference funding under the Commissioner's regulations. The Court held that the "likelihood of any dispute over future application of the challenged regulation has been obviated by the passage of Laws of 1987 (ch 616)" (id. at 230).