Opinion
2013-03-15
Walter J. NARY, II, Plaintiff–Respondent, v. Rosemary JONIENTZ, Defendant. State Farm Insurance Companies, Appellant.
Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered October 27, 2011. The order, insofar as appealed from, directed State Farm Insurance Companies to produce certain documentation. Hiscock & Barclay, LLP, Rochester (Gary H. Abelson of Counsel), for Appellant. Cellino & Barnes, P.C., Rochester (Richard P. Amico of Counsel), for Plaintiff–Respondent.
Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered October 27, 2011. The order, insofar as appealed from, directed State Farm Insurance Companies to produce certain documentation.
Hiscock & Barclay, LLP, Rochester (Gary H. Abelson of Counsel), for Appellant. Cellino & Barnes, P.C., Rochester (Richard P. Amico of Counsel), for Plaintiff–Respondent.
*671MEMORANDUM:
In this personal injury action, nonparty State Farm Insurance Companies (State Farm) appeals from an order insofar as it denied in part State Farm's motion to quash the subpoena duces tecum of plaintiff and ordered State Farm to produce certain documents. We conclude that this appeal is moot inasmuch as the documents at issue herein were never admitted in evidence at trial ( see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876;Matter of Gannett Co., Inc. v. Doran, 74 A.D.3d 1788, 1789, 903 N.Y.S.2d 634). The exception to the mootness doctrine does not apply under these circumstances ( see generally Hearst Corp., 50 N.Y.2d at 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.