Opinion
2002-02229
Argued June 6, 2003.
August 11, 2003.
In an action for a divorce and ancillary relief, the husband appeals, by permission, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Baisley, J.), dated February 26, 2002, as, sua sponte, vacated a stipulation discontinuing the action.
Doniger Engstrand, LLP, Islandia, N.Y. (Wende A. Doniger and Sean J. Conway of counsel), for appellant.
John Ray, Miller Place, N.Y., for respondent.
Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs, as the portion of the order appealed from was superseded by the order dated June 14, 2002, made upon renewal ( see Salata v. Salata, 307 A.D.2d 961 [Appellate Division Docket No. 2002-05804, decided herewith]).
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.