Opinion
570850/2012 Cal. No. 12-439
05-14-2013
The People of the State of New York, Respondent, v. Malcolm Harris, Defendant, -and- Twitter, Inc., Non-Party Movant-Appellant.
PRESENT: , III, P.J., Shulman, Hunter, Jr., JJ
Nonparty-appellant Twitter, Inc. appeals from an order of the Criminal Court of the City of New York, New York County (Matthew A. Sciarrino, Jr., J.), dated June 30, 2012, which, inter alia, denied its motion to quash subpoenas duces tecum.
Per Curiam.
Appeal from order (Matthew A. Sciarrino, Jr., J.), dated June 30, 2012, dismissed as academic.
Inasmuch as the records here in question were surrendered in accordance with the subpoenas, any determination by this Court with respect to the issuance of the subpoenas will not directly affect the rights of the parties or the nonparty appellant (see Matter of Roadway Express v Commissioner of NY State Dept. of Labor, 66 NY2d 742, 744 [1985]; Parton v Summit Children's Residence Ctr., 37 AD3d 688, 688 [2007]). Nor do the present circumstances warrant invoking an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.