Opinion
2013-11-12
HORIZON RADIOLOGY, P.C. as Assignee of Renald Dume, Appellant, v. ALLSTATE PROPERTY & CASUALTY INSURANCE CO., Respondent.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order granting the branch of defendant's motion seeking to vacate a default judgment pursuant to CPLR 5015(a)(1). By subsequent order entered November 19, 2012, the Civil Court granted defendant's unopposed motion for summary judgment dismissing the complaint. In light of the November 19, 2012 order, this appeal must be dismissed as academic ( see Livny v. Rotella, 305 A.D.2d 377 [2003];Cherico, Cherico & Assoc. v. Lamanna, 21 Misc.3d 137[A], 2008 N.Y. Slip Op 52292[U] [App Term, 9th & 10th Jud Dists 2008] ).