Opinion
147 CA 18–00188
02-08-2019
Erica L. NYSTROM, Formerly Known as Erica L. Watkins, Plaintiff–Respondent, v. ROME MEMORIAL HOSPITAL, INC., Boonville Family Practice, Defendants–Appellants, et al., Defendants.
BURKE SCOLAMIERO & HURD, LLP, ALBANY (THOMAS A. CULLEN OF COUNSEL), FOR DEFENDANTS–APPELLANTS. SMITH, MINER, O'SHEA & SMITH, LLP, BUFFALO (CARRIE L. SMITH OF COUNSEL), FOR PLAINTIFF–RESPONDENT.
BURKE SCOLAMIERO & HURD, LLP, ALBANY (THOMAS A. CULLEN OF COUNSEL), FOR DEFENDANTS–APPELLANTS.
SMITH, MINER, O'SHEA & SMITH, LLP, BUFFALO (CARRIE L. SMITH OF COUNSEL), FOR PLAINTIFF–RESPONDENT.
PRESENT: SMITH, J.P., CENTRA, DEJOSEPH, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Defendants-appellants appeal from an order compelling defendant Rome Memorial Hospital, Inc. (Hospital) to produce for in camera review certain hospital records. Inasmuch as the Hospital already provided those records to Supreme Court, which subsequently provided them to plaintiff, we dismiss the appeal as moot because the Hospital complied with the discovery demand at issue on this appeal. Under the circumstances, the parties' rights "will not be directly affected by a determination of the appeal" ( Matter of Franklin [International Bus. Machs. Corp.], 215 A.D.2d 759, 759, 627 N.Y.S.2d 963 [2d Dept. 1995] ; see Hyman v. Pierce, 145 A.D.3d 1224, 1224–1225, 43 N.Y.S.3d 571 [3d Dept. 2016] ).