Mid-State Elec. Co. v. N.Y. St. Envtl. Fac

Full title: MID-STATE ELECTRIC CO., INC., Appellant, v. NEW YORK STATE ENVIRONMENTAL…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 17, 1995

213 A.D.2d 1020 (N.Y. App. Div. 1995)

625 N.Y.S.2d 957

Opinion

March 17, 1995

Appeal from the Supreme Court, Cattaraugus County, Francis, J.

Appeal unanimously dismissed without costs.

Present — Green, J.P., Pine, Callahan, Doerr and Davis, JJ.

Memorandum:

The order granting defendant New York State Environmental Facilities Corporation leave to serve an amended answer, as modified by this Court (City of Olean v. New York State Envtl. Facilities Corp., 213 A.D.2d 1018 [decided herewith]), has rendered moot the appeal from the order addressed to the original answer (see, 100 Hudson Tenants Corp. v. Laber, 98 A.D.2d 692; Business Council v. Cooney, 86 A.D.2d 719; Smith v. Russell Sage Coll., 78 A.D.2d 913, affd 54 N.Y.2d 185; Waterman v. Marpet, 281 App. Div. 896; 6 Carmody-Wait 2d, N.Y. Prac § 34:7, at 55-56).