Opinion
02-27-2024
Denise MCCURRIE, Plaintiff-Respondent, v. NEW YORK CITY ANIMAL CARE CENTER also known as New York Animal Care and Control., Defendant-Appellant.
Foley & Lardner LLP, New York (Marcella M. Jayne of counsel), for appellant. Law Office of Nora Constance Marino, Great Neck (Nora Constance Marino of counsel), for respondent.
Foley & Lardner LLP, New York (Marcella M. Jayne of counsel), for appellant.
Law Office of Nora Constance Marino, Great Neck (Nora Constance Marino of counsel), for respondent.
Singh, J.P., Friedman, González, Higgitt, Michael, JJ.
Appeal from order, Supreme Court, New York County (Leslie Stroth, J.), entered on or about March 11, 2022, which granted plaintiff's motion to compel defendant New York City Animal Care Center (ACC) to disclose the name of a third-party rescue organization to which ACC transferred her dog, unanimously dismissed, without costs, as moot.
Defendant completely and timely complied with the court’s order by providing the name of the third-party rescue organi- zation to the court and plaintiff's counsel, and the court’s order did not impose any continuing discovery obligations. Therefore, the order has no further practical consequences for the parties and this appeal is moot (see Saratoga County Chamber of Commerce v. Pataki, 100 N.Y.2d 801, 811, 766 N.Y.S.2d 654, 798 N.E.2d 1047 [2003], cert denied 540 U.S. 1017, 124 S.Ct. 570, 157 L.Ed.2d 430 [2003]; Matter of Braxton v. Commissioner of N. Y. City Police Dept., 283 A.D.2d 253, 724 N.Y.S.2d 608 [1st Dept. 2001]; compare Matter of Camara v. Skanska, Inc., 150 A.D.3d 548, 549, 55 N.Y.S.3d 27 [1st Dept. 2017]).