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HERKIMER COUNTY TRUST COMPANY v. FERNICOLA

8 A.D.3d 1083 (2004)

778 N.Y.S.2d 383

THE HERKIMER COUNTY TRUST COMPANY, Respondent, v. ROBERT E. FERNICOLA, Appellant. (Appeal No. 1.).

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

June 14, 2004.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum:

This appeal has been rendered moot inasmuch as defendant's debt at issue herein was discharged in bankruptcy (see Gucci v Gucci, 213 A.D.2d 356, 357 [1995], lv denied 86 N.Y.2d 778 [1995]; see also Jarrell v Jarrell, 276 A.D.2d 353, 354 [2000], lv denied...

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