Independent Wireless One Corp. v. City of Syracuse (2 A.D.3d 1412, 2003)

— Appeal from an order of Supreme Court, Herkimer County (Daley, J), entered September 16, 2002, which denied respondents’ motion for a change of venue.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs as moot (see Matter of D.M.C. Constr. Corp. v Nash Steel Corp., 49 NY2d 1040, 1041 [1980]). Present— Pigott, Jr., P.J., Green, Pine, Hurlbutt and Kehoe, JJ.