DeLeon v State of New York (2005 NY Slip Op 08059)

DeLeon v State of New York

2005 NY Slip Op 08059 [22 AD3d 788]

October 31, 2005

Appellate Division, Second Department

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

John DeLeon, Appellant,
v
State of New York, Respondent.

—[*1]In a claim to recover damages for personal injuries, etc., the claimant appeals from an order of the Court of Claims (Lack, J.), dated December 17, 2004, which granted the defendant's motion to preclude his use of an expert witness at trial.

Ordered that the appeal is dismissed as academic, without costs or disbursements (see DeLeon v State of New York, 22 AD3d 786 [2005] [decided herewith]). Crane, J.P., Santucci, Mastro and Dillon, JJ., concur.