Toni–Ann Mugnai, etc., appellant, v. Town of Oyster Bay, respondent, et al., defendant. (2018)

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

Toni–Ann Mugnai, etc., appellant, v. Town of Oyster Bay, respondent, et al., defendant.

2016–02672 (Index No. 600326 /14)

Decided: July 18, 2018

MARK C. DILLON, J.P. CHERYL E. CHAMBERS JOSEPH J. MALTESE BETSY BARROS, JJ.

Windels Marx Lane & Mittendorf, LLP, New York, N.Y. (Nicole M. Ciolko of counsel), for appellant. Burns, Russo, Tamigi & Reardon, LLP (Milber Makris Plousadis & Seiden, LLP, Woodbury, N.Y. [Lorin A. Donnelly], of counsel), for respondent.

Submitted—March 20, 2018

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (R. Bruce Cozzens, Jr., J.), dated January 13, 2016. The order granted the motion of the defendant Town of Oyster Bay for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the appeal from the order is dismissed, with costs, as that order was superseded by an order of the same court dated September 26, 2016, made upon reargument (see Mugnai v. Town of Oyster Bay, _ AD3d _ [Appellate Division Docket No. 2016–12422; decided herewith] ).

DILLON, J.P., CHAMBERS, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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