MATTER OF ALLSTATE INS. CO. v. TORRALES


186 A.D.2d 649 (1992)

In the Matter of Allstate Insurance Company, Appellant, v. Exio Torrales, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 13, 1992


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

By instituting a second proceeding after the instant proceeding was dismissed and carrying it to judgment, the petitioner abandoned the instant proceeding. Thus, the instant appeal is academic (see, Spancrete Northeast v Travelers Indem. Co., 102 A.D.2d 917; Sherrill v Grayco Bldrs., 99 A.D.2d 965

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