Appeal from an order of the Civil Court of the City of New York, Kings County (Noach Dear, J.), dated January 29, 2010.
Woodhull Med. & Mental Hosp. of N.Y. City Health & Hosp. Corp. v Fields
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on March 21, 2011
PRESENT: PESCE, P.J., WESTON and STEINHARDT, JJ
The order denied plaintiff's motion for summary judgment.
ORDERED that the appeal is dismissed.
A review of the information on the New York State Unified Court System E-Courts public Web site, of which we may take judicial notice (see Matter of L & Q Realty Corp. v Assessor, 71 AD3d 1025 ; Kingsbrook Jewish Med. Ctr. v Allstate Ins. Co., 61 AD3d 13, 20 ), reveals that, although no judgment has been entered, the complaint was dismissed on January 29, 2010, subsequent to the entry of the order appealed from. In light of that dismissal, this appeal must be dismissed as academic (see Livny v Rotella, 305 AD2d 377 ; Delta Diagnostic Radiology, P.C. v Allstate Ins. Co., 15 Misc 3d 131[A], 2007 NY Slip Op 50673[U] [App Term, 2d & 11th Jud Dists 2007]). We note that plaintiff, if it be so advised, may cause a judgment to be entered and appeal therefrom.
Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: March 21, 2011
© 1992-2011 VersusLaw ...