[*1]
Richie v Norcross
2004 NY Slip Op 50063(U)
Decided on February 11, 2004
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This opinion is uncorrected and will not be published in the Official Reports.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 February 11, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.

HON. WILLIAM P. McCOOE HON. PHYLLIS GANGEL-JACOB, Justices.
570383/03

JEAN RICHIE, Plaintiff-Appellant,

against

VIRGINIA W. NORCROSS, Defendant-Respondent.


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.


PER CURIAM:

Appeal from order entered February 4, 2003 (Arthur Engoron, J.) dismissed, without costs, as moot.

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.