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IN THE MATTER OF GARRICK v. TOMLINS

24 A.D.3d 763 (2005)

806 N.Y.S.2d 875

In the Matter of TRACY GARRICK, Appellant, v. BARBARA TOMLINS, Doing Business as HUMPTY DUMPTY DAY CARE CENTER, et al., Respondents. (And Other Titles.)

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

December 27, 2005.

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 that a stipulation of settlement dated March 5, 2004, between Barbara Tomlins, doing business as Humpty Dumpty Day Care Center, and the Village of Wappingers Falls purporting to legalize the use in question was entered into after issuance of the order under review, the appeal has been rendered academic...

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