Matter of Independent Wireless One Corp. v City of Syracuse (2003 NY Slip Op 20202)

Matter of Independent Wireless One Corp. v City of Syracuse

2003 NY Slip Op 20202 [2 AD3d 1412]

December 31, 2003

Appellate Division, Fourth Department

As corrected through

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 25, 2004

In the Matter of Independent Wireless One Corporation et al., Respondents,
v
City of Syracuse et al., Appellants.

—Appeal from an order of Supreme Court, Herkimer County (Daley, J.), entered September 16, 2002, which denied respondents' motion for a change of venue.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs as moot (see Matter of D.M.C. Constr. Corp. v Nash Steel Corp., 49 NY2d 1040, 1041 [1980]). Present—Pigott, Jr., P.J., Green, Pine, Hurlbutt and Kehoe, JJ.