Opinion
2013-11-15
Lee–Ann DEERING, Claimant–Appellant, v. STATE of New York, New York State Thruway Authority and New York State Department of Transportation, Defendants–Respondents.
Appeal from an order of the Court of Claims (Jeremiah J. Moriarty, III, J.), entered*851January 9, 2012. The order denied the motion of claimant for permission to file a late claim. Law Office of William Mattar, P.C., Williamsville (April J. Orlowski of Counsel), for Claimant–Appellant. Eric T. Schneiderman, Attorney General, Albany (Paul Groenwegen of Counsel), for Defendants–Respondents.
Appeal from an order of the Court of Claims (Jeremiah J. Moriarty, III, J.), entered*851January 9, 2012. The order denied the motion of claimant for permission to file a late claim.
Law Office of William Mattar, P.C., Williamsville (April J. Orlowski of Counsel), for Claimant–Appellant. Eric T. Schneiderman, Attorney General, Albany (Paul Groenwegen of Counsel), for Defendants–Respondents.
MEMORANDUM:
In a proposed action to recover damages for injuries she allegedly sustained in a motor vehicle accident, claimant appeals from a January 2012 order denying her motion for permission to file a late claim pursuant to Court of Claims Act § 10(6). That order was entered “without prejudice” to a further application by claimant. The Attorney General has informed this Court that the Court of Claims, by an August 2013 order, granted claimant permission to file a late claim. Because the August 2013 order affords claimant “all the relief she seeks and ... thus renders the appeal moot” (Matter of Dye v. Bernier, 104 A.D.3d 1102, 1102, 961 N.Y.S.2d 814), this appeal must be dismissed ( see Matter of Gasparro v. Edwards, 85 A.D.3d 1222, 1222 n., 925 N.Y.S.2d 206 ;see generally Matter of Cucinella v. New York City Tr. Auth., 82 A.D.3d 1453, 1454, 918 N.Y.S.2d 761).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.