Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Jennifer G. Schecter, J.), entered April 30, 2013, which granted defendant's motion to vacate a default judgment and set the matter down for a traverse hearing.

Per Curiam.

Appeal from order (Jennifer G. Schecter, J.) entered April 30, 2013, dismissed, without costs, as academic.

The April 13, 2013 order from which plaintiff appeals granted defendant's motion to vacate a default judgment obtained by plaintiff in March 2002 and directed a traverse on the issue of service. By a subsequent order dated October 16, 2013, of which we take judicial notice (see Prince, Richardson on Evidence, § 2-209 (Farrell 11th ed), the action was dismissed on plaintiff's own nonappearance at the scheduled traverse hearing. At this juncture, and since there is now no action pending, "a favorable ruling would not entitle [plaintiff] to any particular relief" (Britt v Buffalo Mun. Hous. Auth., 109 AD3d 1195, 1197 [2013], quoting Matter of Ameillia RR. [Megan SS.], 95 AD3d 1525, 1526 [2012]). We thus dismiss the appeal without prejudice to plaintiff's right, if so advised, to pursue the appeal if and when it obtains vacatur relief from the dismissal order entered upon its default.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 31, 2013