Bennerman v General Motors Corp.
2007 NY Slip Op 03643 [39 AD3d 788]
April 24, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 6, 2007


James Bennerman, Appellant,
v
General Motors Corporation, Respondent, et al., Defendants.

—[*1] Klein & Folchetti (Pollack, Pollack, Isaac & De Cicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellant.

Thorn Gershon Tymann and Bonanni, LLP, Albany, N.Y. (Erin George of counsel), for respondent.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Brands, J.), dated May 5, 2006, which denied his motion, inter alia, pursuant to CPLR 2004 to extend his time to move, in effect, to restore the action to the trial calendar pursuant to CPLR 3404.

Ordered that the appeal is dismissed as academic, with costs.

As a result of a subsequent order of the Supreme Court, Dutchess County, dated July 11, 2006, which granted that branch of the plaintiff's motion which was to restore the action to the trial calendar, the issue of whether the court properly denied the plaintiff's motion, inter alia, to extend his time to move, in effect, to restore the action to the trial calendar pursuant to CPLR 3404 has been rendered academic (cf. CPLR 3402 [a]; Damas v Barboza, 206 AD2d 346, 346-347 [1994]). Schmidt, J.P., Krausman, Goldstein, Covello and Angiolillo, JJ., concur.