Opinion
2002-09518.
Decided June 1, 2004.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Henry, J.), dated September 23, 2002, as amended January 2, 2003, which granted the motion of the defendants South Bay Water Taxi, John Sanders, and Kevin W. Payne for summary judgment dismissing the complaint insofar as asserted against them.
Blodnick, Gordon, Fletcher Sibell, P.C., Westbury, N.Y. (Richard A. Mastrocola of counsel), for appellants.
Patrick Adams, P.C., Bay Shore, N.Y. (Charles J. Adams and Vito A. Cardo III of counsel), for respondents.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, HOWARD MILLER, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs, as the order, as amended, was superseded by an order of the same court dated February 21, 2003 ( see Kaiser v. Delaney, A.D.3d [Appellate Division Docket No. 2003-09518, decided herewith]).
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.