Lillian Petrillo, et al., appellants, v. Town of Hempstead, et al., respondents. (2011)

Supreme Court, Appellate Division, Second Department, New York.

Lillian Petrillo, et al., appellants, v. Town of Hempstead, et al., respondents.

2009–09891 (Index No. 20625 /05)

Decided: June 21, 2011

REINALDO E. RIVERA, J.P. RANDALL T. ENG SHERI S. ROMAN ROBERT J. MILLER, JJ.

Callan, Koster, Brady & Brennan, LLP, New York, N.Y. (Michael P. Kandler of counsel), for appellants. Rivkin Radler LLP, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, and Merril S. Biscone of counsel), for respondent Town of Hempstead. Martyn, Toher & Martyn, Mineola, N.Y. (Christine J. Hill of counsel), for respondent Alfred G. Keifer, Jr., as executor of the estate of Irene G. Keifer.

Argued—June 2, 2011

DECISION & ORDER

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, Jr., J.), dated September 17, 2009, as granted those branches of the renewed motion of the defendant Town of Hempstead and the cross motion of the defendant Alfred G. Keifer, Jr., as executor of the estate of Irene G. Keifer, which were for summary judgment dismissing the complaint insofar as asserted against each of them.

ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from was superseded by an order of the same court entered April 15, 2010, made upon reargument (see Petrillo v. Town of Hempstead, AD3d [Appellate Division Docket No. 2010–05170; decided herewith] ).

RIVERA, J.P., ENG, ROMAN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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