Bermudez v Peuser
2019 NY Slip Op 01005 [169 AD3d 1473]
February 8, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2019


[*1]
 Jose M. Bermudez, Jr., Respondent,
v
Aaron J. Peuser et al., Appellants.

Law Offices of John Trop, Dewitt (Theresa M. Zehe of counsel), for defendants-appellants.

Law Offices of Marc Jonas, Utica (Marc Jonas of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered January 10, 2018. The order, inter alia, directed defendants to produce the written statement of a nonparty witness.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Defendants appeal from an order that, in effect, directed disclosure of a nonparty's written statement. An appeal from a discovery order is rendered moot, however, when the disputed material is disclosed before the appeal is decided (see Vandashield Ltd v Isaacson, 146 AD3d 552, 555 [1st Dept 2017]; Khoury v Chouchani, 27 AD3d 1071, 1073 [4th Dept 2006]; Matter of Franklin [International Bus. Machs. Corp.], 215 AD2d 759, 759 [2d Dept 1995]; cf. Matter of Camara v Skanska, Inc., 150 AD3d 548, 549 [1st Dept 2017]; but see Matter of New York City Asbestos Litig., 109 AD3d 7, 12 n 2 [1st Dept 2013], lv dismissed 22 NY3d 1016 [2013]). Here, defendants disclosed the disputed statement during the pendency of this appeal. We therefore dismiss the appeal as moot (see Vandashield Ltd, 146 AD3d at 553; Khoury, 27 AD3d at 1072; Franklin, 215 AD2d at 759). Present—Carni, J.P., Lindley, NeMoyer, Curran and Troutman, JJ.