Matter of Smith v State of New York
2009 NY Slip Op 04468 [63 AD3d 1525]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


In the Matter of David M. Smith et al., Appellants, v State of New York, Respondent. (Appeal No. 2.)

—[*1] Cambareri & Cambareri, LLP, Syracuse (Dom Cambareri of counsel), for claimants-appellants.

Burke, Scolamiero, Mortati & Hurd, LLP, Albany (Gerald D. D'Amelia, Jr., of counsel), for respondent-respondent.

Appeal from an order of the Court of Claims (Norman I. Siegel, J.), entered July 15, 2008. The order denied claimants' motion for leave to renew and reargue.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see Ortiz v New York City Hous. Auth., 191 AD2d 177 [1993]). Present—Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.