Carter v. Syracuse Univ., 109 A.D.3d 1214 (N.Y. App. Div. 2013). · Go Syfert
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Carter v. Syracuse Univ., 109 A.D.3d 1214 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
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In appeal No. 1, we conclude that defendant's appeal must be dismissed as moot inasmuch as "the temporary restraining order has by its very nature expired and has been superseded by the [preliminary] injunction" that was granted in the order in appeal No. 2 ( Stubbart v County of Monroe , 58 AD2d 25, 29 [4th Dept 1977], lv denied 42 NY2d 808 [1977]; see Sysco Syracuse, LLC v Egan , 109 AD3d 1214, 1215 [4th Dept 2013]; see generally Board of Educ. of City School Dist. of City of Buffalo v Pisa , 55 AD2d 128, 135 [4th Dept 1976]).
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Debbie Carter
v.
Syracuse University
Appellate Division of the Supreme Court of the State of New York.
Sep 27, 2013.
109 A.D.3d 1214
Published

— Appeal from an order of the Supreme Court, Onondaga County (James E Murphy, J.), entered October 18, 2012. The order, among other things, denied the motion of defendants Syracuse University and Syracuse University Carrier Dome Stadium for summary judgment.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on May 22, 2013,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present — Centra, J.E, Peradotto, Garni and Bindley, JJ.