Calkins v Police Benevolent Assn. of N.Y. State Troopers, Inc.
2008 NY Slip Op 07484 [55 AD3d 1417]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


Timothy E. Calkins et al., Appellants, v Police Benevolent Association of New York State Troopers, Inc., Respondent. (Appeal No. 1.)

—[*1] Peter C. Nelson, Rochester, for plaintiffs-appellants.

Gleason, Dunn, Walsh & O'Shea, Albany (Michael P. Ravalli of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Ontario County (Craig J. Doran, A.J.), entered January 10, 2007. The order, insofar as appealed from, denied that part of plaintiffs' motion for class certification.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see Calkins v Police Benevolent Assn. of N.Y. State Troopers, Inc., 55 AD3d 1328 [2008]). Present—Hurlbutt, J.P., Martoche, Fahey, Peradotto and Green, JJ.