Opinion
February 26, 1962
In an action to recover damages for malicious prosecution, the plaintiff appeals from an order of the Supreme Court, Suffolk County, dated October 10, 1958, and entered October 14, 1958, which granted defendant's motion for summary judgment dismissing the complaint. On January 27, 1959, after the service of the notice of appeal herein and while the appeal was pending a judgment upon said order was rendered by said court, dismissing the complaint, with costs. Pursuant to section 562 of the Civil Practice Act, such judgment is deemed to be specified in the notice of appeal. Order and judgment affirmed, with $10 costs and disbursements. No opinion. Beldock, P.J., Kleinfeld, Brennan, Hill and Rabin, JJ., concur.