Opinion
September 26, 1991
Appeal from the Supreme Court, Schenectady County (Doran, J.).
Since the time that plaintiff filed his notice of appeal, defendant James N. Tedisco has submitted an affidavit agreeing to change the symbol he uses in his campaign literature. Because this effectively grants plaintiff the relief he requested in the complaint, i.e., to enjoin Tedisco from using his current campaign symbol, this appeal has been rendered moot (see, Matter of Herald Co. v. O'Brien, 149 A.D.2d 781, 782; Matter of Beyah v LeFevre, 142 A.D.2d 829).
Mahoney, P.J., Casey, Weiss and Crew III, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.