Opinion
Submitted February 16, 2000.
April 20, 2000.
In an action to recover damages for personal injuries, the defendants Richard Gissentanner and Marcia MacEntee s/h/a Marcia Mentee appeal from an order of the Supreme Court, Kings County (Kramer, J.), dated February 4, 1999, which denied their motion to vacate an order of the same court dated October 1, 1998, granting the plaintiff's motion, in effect, to restore the action to the trial calendar, upon their default in responding to that motion.
Cullen and Dykman, Brooklyn, N.Y. (Joseph Miller of counsel), for appellants.
Pokorny, Schrenzel Pokorny, P.C., Brooklyn, N.Y. (Mark E. Cohen of counsel), for respondent.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs to the appellants.
In light of our determination in McLeod v. Seumaobo ( 271 A.D.2d 582 [Appellate Division Docket No. 1999-08451; decided herewith]) dismissing the action against the appellants on the merits, this appeal is dismissed as academic.