Opinion
2002-07195.
Decided April 5, 2004.
In an action, inter alia, to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Burke, J.), entered July 5, 2002, which denied its motion pursuant to CPLR 3216 to dismiss the complaint for failure to file a note of issue.
Simmons, Jannace Stagg, LLP, East Meadow, N.Y. (Michael D. Kern of counsel), for appellant.
Harmon, Linder Rogowsky, New York, N.Y. (Jenna Anderson of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination of an appeal from an order of the same court dated February 10, 2003 ( see Collado v. Incorporated Town and/or Vil. of Freeport, Appellate Division Docket No. 2002-7195, A.D.3d [decided herewith]).
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.