The plaintiffs, at the inception of this action, were Lieutenants Edwin S. Harkins and Raymond Griswold and Sergeant Melvin W. Jet- *408 more, Sr., of the city of New London police department. They sought injunctive relief pending arbitration proceedings to determine their rights under the collective bargaining agreement between the policemen’s union and the city of New London. The arbitration was to review two matters: first, whether the promotion of a sergeant with less seniority than the plaintiffs to the position of captain violated the collective bargaining agreement; and second, whether a promotional examination to select lieutenants from those eligible would deprive the plaintiffs of valuable seniority rights and promotional advantages under the same agreement.
After concluding that the first matter challenging the sergeant’s appointment to captain was not arbitrable, the trial court found the issues involved in that matter for the defendants. The trial court refused to grant the request of the plaintiff lieutenants for an injunction prohibiting the promotional examination for the position of lieutenant upon the representation of the city manager that the city would honor the provisions of the collective bargaining agreement for filling any vacancy in that office.
During the course of this appeal, on December 25, 1971, the plaintiff Melvin W. Jetmore, Sr., died. The administrator of his estate was substituted as a party plaintiff. This substitution is decisive for fhe following reasons. First, no issues regarding the office of lieutenant can be reviewed by this court. The questions of law which the plaintiffs asked to have reviewed in their request for a finding involved only the issues surrounding the promotion of a sergeant to' captain. In accordance with Practice Book § 635, the court made no findings concerning the office of lieutenant. Second, counsel during oral *409 argument before this court stipulated that no decision be made concerning any claims of Lieutenants Harkins and Griswold. Thus the only appellant presenting the issues is the administrator of the estate of the deceased Sergeant Jetmore, and no decision by this court can provide practical relief.
At this time, there is no controversy between the parties of this case requiring adjudication of present rights. Counsel argued that the question raised by the pleadings is real and a decision from this court will have present effect on both the city of New London and the members of the police department. As far as this action is concerned, no controversy is presented concerning any current member of the police department and, even if a controversy does exist, that member is not a party to this action.
Eastern Electric Construction Co.
v.
Morrissey,
The appeal is dismissed.
