LEE ANN DEERING CLAIMANT APPELLANT v. STATE OF NEW YORK NEW YORK STATE THRUWAY AUTHORITY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION DEFENDANTS RESPONDENTS

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Supreme Court, Appellate Division, Fourth Department, New York.

LEE–ANN DEERING, CLAIMANT–APPELLANT, v. STATE OF NEW YORK, NEW YORK STATE THRUWAY AUTHORITY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION, DEFENDANTS–RESPONDENTS.

CA 12–02090

Decided: November 15, 2013

PRESENT:  SMITH, J.P., CARNI, SCONIERS, AND VALENTINO, JJ. 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 AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

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 AD3d 1102, 1102), this appeal must be dismissed (see Matter of Gasparro v. Edwards, 85 AD3d 1222, 1222 n;  see generally Matter of Cucinella v New York City Tr. Auth., 82 AD3d 1453, 1454).

Frances E. Cafarell

Clerk of the Court

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