Opinion
Submitted June 9, 1986
Decided July 8, 1986
Motion to withdraw the appeal as moot granted to the extent that it seeks to vacate the Court of Appeals April 8, 1986 order dismissing the appeal pursuant to section 500.9 of the Rules of the Court of Appeals (22 N.Y.CRR 500.9); motion otherwise denied. On the court's own motion, appeal dismissed, without costs, upon the ground that the Appellate Division's order of affirmance ( 118 A.D.2d 745), entered on defendant's motion for reargument of its prior order of reversal ( 110 A.D.2d 737), supersedes the order appealed from, with the result that defendant is no longer aggrieved (CPLR 5511) and upon the further ground that the superseding order appealed from does not finally determine the action within the meaning of the Constitution.
Judge TITONE taking no part.