SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS Appellate Term, Second Department
November 30, 2011
BIBI RAGHUBIR, RESPONDENT, -AND- STEPHANIE SHERLOCK,
Valley Hosp. v Raghubir
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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 30, 2011
PRESENT: STEINHARDT, J.P., PESCE and WESTON, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin D. Garson, J.), entered July 6, 2010.
The order denied plaintiff's motion for summary judgment.
ORDERED that the appeal is dismissed.
The record reveals that the complaint was dismissed with prejudice on August 18, 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 ). We note that plaintiff, if it be so advised, may cause a judgment to be entered and appeal therefrom.
Steinhardt, J.P., Pesce and Weston, JJ., concur.
Decision Date: November 30, 2011
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