Garrick v. Tomlins

In a proceeding, inter alia, pursuant to CFLR article 78, in which *764the purported counterclaim of Tracy Garrick for declaratory and injunctive relief was severed, Tracy Garrick appeals from so much of an order of the Supreme Court, Dutchess County (Pagones, J.), dated January 13, 2004, as granted the motion of Barbara Tomlins, doing business as Humpty Dumpty Day Care Center, for summary judgment dismissing the purported counterclaim.

Ordered that the appeal is dismissed as academic, with costs to the respondent Barbara Tomlins, doing business as Humpty Dumpty Day Care Center.

In view of the fact…