Opinion
2010-2808 K C.
Decided November 30, 2011.
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin D. Garson, J.), entered July 6, 2010. The order denied plaintiff's motion for summary judgment.
PRESENT: STEINHARDT, J.P., PESCE and WESTON, JJ.
ORDERED that the appeal is dismissed.
The record reveals that the complaint was dismissed with prejudice on August 18, 2010, subsequent to the entry of the order appealed from. In light of that dismissal, this appeal must be dismissed as academic ( see Livny v Rotella, 305 AD2d 377). We note that plaintiff, if it be so advised, may cause a judgment to be entered and appeal therefrom.
Steinhardt, J.P., Pesce and Weston, JJ., concur.