Opinion
570383/03.
Decided February 11, 2004.
Plaintiff appeals from an order of the Civil Court, Bronx County, entered February 4, 2003 (Arthur Engoron, J.) granting defendant's motion for summary judgment dismissing the complaint.
Appeal from order entered February 4, 2003 (Arthur Engoron, J.) dismissed, without costs, as moot.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE HON. PHYLLIS GANGEL-JACOB, Justices.
Subsequent to the submission of the appeal, the subject order granting defendant's motion for summary judgment was vacated and the parties were directed to recalendar the summary judgment motion. In consequence, plaintiff is no longer an aggrieved party and the appeal has been rendered moot (see, Fidata Trust Co. v. Leahy Business Archives, Inc., 187 AD2d 270).
This constitution the decision and order of the court.