Woodhull Med. & Mental Hosp. of N.Y. City Health & Hosp. Corp. v Fields (2011 NY Slip Op 50454(U))

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Woodhull Med. & Mental Hosp. of N.Y. City Health & Hosp. Corp. v Fields

2011 NY Slip Op 50454(U) [31 Misc 3d 128(A)]

Decided on March 21, 2011

Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 21, 2011

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and STEINHARDT, JJ
.

Woodhull Medical & Mental Hospital of the New York City Health & Hospital Corp., Appellant, NO~ 2010-928 K C

against

Derrick Fields, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Noach Dear, J.), dated January 29, 2010. The order denied plaintiff's motion for summary judgment.

ORDERED that the appeal is dismissed.

A review of the information on the New York State Unified Court System E-Courts public Web site, of which we may take judicial notice (see Matter of L & Q Realty Corp. v Assessor, 71 AD3d 1025 [2010]; Kingsbrook Jewish Med. Ctr. v Allstate Ins. Co., 61 AD3d 13, 20 [2009]), reveals that, although no judgment has been entered, the complaint was dismissed on January 29, 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 [2003]; Delta Diagnostic Radiology, P.C. v Allstate Ins. Co., 15 Misc 3d 131[A], 2007 NY Slip Op 50673[U] [App Term, 2d & 11th Jud Dists 2007]). We note that plaintiff, if it be so advised, may cause a judgment to be entered and appeal therefrom.

Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: March 21, 2011