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McClelland v. Palmer

186 A.D.2d 1079 Court N.Y. App. Div. Decision date 1992-10-07 Docket Appeal No. 1 English

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p. 1079
Randy S. McClelland, Individually and as Administrator of the Estate of Joanne E. McClelland, Deceased, Respondent, v Gregory L. Palmer et al., Individually and Doing Business as Palmer Farms, Respondents, and Telmark, Inc., Appellant. Randy S. McClelland, Individually and as Administrator of the Estate of Aleasha R. McClelland, Deceased, Respondent, v Gregory L. Palmer et al., Individually and Doing Business as Palmer Farms, Respondents, and Telmark, Inc., Appellant.
(Appeal No. 1.)

— Appeal unanimously dismissed without costs as moot. Memorandum: The Court takes judicial notice of the fact that a stipulation

p. 1080
discontinuing the action has been filed in the Niagara County Clerk’s Office. Thus, this appeal is moot. (Appeal from Order of Supreme Court, Niagara County, Koshian, J. — Protective Order; Renewal.) Present — Callahan, J. P., Green, Balio, Fallon and Davis, JJ.