New York Presbyterian Hospital v. Wolf

Full title: NEW YORK PRESBYTERIAN HOSPITAL, Plaintiff-Respondent, v. PATRICIA WOLF…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 2, 2003

570343/03 (N.Y. App. Div. Dec. 2, 2003)

Opinion

570343/03.

Decided December 2, 2003.

Defendant appeals from an order of the Civil Court, New York County, dated February 26, 2003 (Geoffrey D. Wright, J.) granting plaintiff's motion to restore the action to the inquest calendar.

Before: Present: DAVIS, J.P., GANGEL-JACOB, SCHOENFELD, JJ.

PER CURIAM:

Appeal from order dated February 26, 2003 (Geoffrey D. Wright, J.) dismissed, without costs.

The February 26, 2003 order appealed from, granting plaintiff's motion to restore the action to the inquest calendar, was superceded by the court's April 24, 2003 order — of which we take judicial notice ( see, Prince, Richardson on Evidence, § 2-209 [Farrell llth ed]) — granting defendant vacatur relief from her underlying default. Inasmuch as defendant is no longer aggrieved, the appeal must be dismissed (CPLR § 5511). Were the appeal properly before us, we would affirm.