Herkimer County Trust Co. v. Fernicola

—Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered April 24, 2001. The order denied defendant’s motion to vacate a default judgment. 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 AD2d 356, 357 [1995], lv denied 86 NY2d 778 [1995]; see also Jarrell v Jarrell, 276 AD2d 353, 354 [2000], lv denied 96 NY2d 710 [2001]). Present—Wisner, J.P., Hurlbutt, Gorski, Martoche and Hayes, JJ.