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SHARELLE REYNOLDS, PLAINTIFF–APPELLANT, v. RICHARD KELLY, BETTE KELLY AND MARK KELLY, DEFENDANTS–RESPONDENTS.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained as the result of her exposure to lead paint as a child while residing in an apartment owned by defendants. Plaintiff contends on appeal that Supreme Court erred in denying her cross motion for a protective order seeking disqualification of the designated defense examiner, a neuropsychologist, or, in the alternative, directing that the examination be recorded. While this appeal was pending, the challenged examination was conducted and the examiner has since issued a report. We conclude that plaintiff's appeal is moot as a result of those intervening circumstances, and this case does not fall within any exception to the mootness doctrine (see Cuevas v. 1738 Assoc., L.L.C., 111 AD3d 416, 416; see also Hughes v. Farrey, 39 AD3d 431, 431; see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715). We therefore dismiss the appeal.
Frances E. Cafarell
Clerk of the Court
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Docket No: CA 13–01390
Decided: March 21, 2014
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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