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JESSICA RACHEL SCALONE, etc., plaintiff, v. FRANK P. RACANELLI, defendant third-party plaintiff-respondent; BEVERLY SPURLING, et al., third-party defendants-respondents; MID NITE SNAX, INC., third-party defendant-appellant.

DECISION ORDER

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

"In general an appeal will be considered moot unless the rights of the parties will be directly affected by the determination of the appeal and the interest of the parties is an immediate consequence of the judgment" (Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714). Here, the defendant third-party plaintiff sought only indemnification and contribution from the appellant. Since the complaint in the main action was dismissed, the issues raised on this appeal have been rendered academic, and the record before us fails to present an exception to the mootness doctrine (see Matter of Hearst Corp. v. Clyne, supra at 714-715).

ALTMAN, J.P., FEUERSTEIN, FRIEDMANN, SCHMIDT and TOWNES, JJ., concur.

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SCALONE v. RACANELLI
(Jul 1, 2002)