New York Presbyt. Hosp. v Wolf (2003 NY Slip Op 51497(U))

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New York Presbyt. Hosp. v Wolf

2003 NY Slip Op 51497(U)

Decided on December 2, 2003

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the Official Reports.

Decided on December 2, 2003

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570343/03

NEW YORK PRESBYTERIAN HOSPITAL, Plaintiff-Respondent,

against

PATRICIA WOLF, Defendant-Appellant.

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.

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February 26, 2003 order appealed from, granting plaintiff's motion to restore the action to the inquest calendar, was superceded by the court's April 24, 2003 order — of which we take judicial notice (see, Prince, Richardson on Evidence, § 2-209 [Farrell llth ed]) — granting defendant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.

This constitutes the decision and order of the court.