Opinion
Submitted March 15, 2000.
May 8, 2000.
In a proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim, the New York City Housing Authority appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated July 8, 1998, which granted the petition.
Cullen Dykman, New York, N.Y. (Herzfeld Rubin, P.C. [Herbert Rubin, David B. Hamm, and Linda M. Brown] of counsel), for appellant.
Manuel A. Romero, P.C. (Pollack, Pollack, Isaac DeCicco, New York, N.Y. [Brian J. Isaac] of counsel), for respondents.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the appeal from the order dated July 8, 1998, is dismissed, with costs to the appellant, as that order was superseded by an order of the same court, dated September 20, 1999, made upon renewal (see, Ruiz v. New York City Housing Authority, ___ A.D.2d ___ [Appellate Division Docket No. 1999-09636, decided herewith]).
BRACKEN, J.P., JOY, THOMPSON, GOLDSTEIN and FEUERSTEIN, JJ., concur.