Mutual Aid Assn. of the Paid Fire Dept. of the City of Yonkers, N.Y., Inc. v City of Yonkers, 2021 NY Slip Op 06179 [199 AD3d 819]

November 10, 2021

Appellate Division, Second Department

[*1]

Mutual Aid Association of the Paid Fire Department of the City of Yonkers, New York, Inc., Respondent,

v

City of Yonkers et al., Appellants, et al., Defendants.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, White Plains, NY (Robert A. Spolzino of counsel), for appellants.

Silverberg Zalantis, LLC, Tarrytown, NY (Katherine Zalantis of counsel), for respondent.

In an action for declaratory and injunctive relief, the defendants City of Yonkers, City of Yonkers City Council, and City of Yonkers Department of Housing and Buildings appeal from an order of the Supreme Court, Westchester County (Joan B. Lefkowitz, J.), dated June 18, 2019. The order, insofar as appealed from, granted the plaintiff’s motion pursuant to CPLR 3124 to compel certain discovery.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

We dismiss this appeal as academic in light of our determination on the related appeal of Mutual Aid Assn. of the Paid Fire Dept. of the City Of Yonkers, N.Y., Inc. v City of Yonkers (199 AD3d 815 [2021] [decided herewith]). Dillon, J.P., Christopher, Wooten and Dowling, JJ., concur..