Appeal from an order of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.H.O.), entered November 18, 2010. The order, insofar as appealed from as limited by the brief, denied plaintiff's motion for summary judgment and granted the branch of defendant's amended cross motion seeking to compel plaintiff to provide defendant with responses to its discovery demands and to produce Vladimir Grinberg for an examination before trial.

ORDERED that the appeal is dismissed as academic.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court as denied plaintiff's motion for summary judgment and granted the branch of defendant's amended cross motion seeking to compel plaintiff to provide defendant with responses to its discovery demands and to produce Vladimir Grinberg for an examination before trial (EBT). Subsequent to the entry of the November 18, 2010 order, the Civil Court dismissed the complaint. The dismissal of the [*2]complaint renders this appeal 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]; Fair Price Med. Supply Corp. v ELRAC Inc., 13 Misc 3d 33 [App Term, 2d & 11th Jud Dists 2006]).

Accordingly, the appeal is dismissed.

Pesce, P.J., Rios and Solomon, JJ., concur.
Decision Date: February 08, 2013