| Petrillo v Town of Hempstead |
| 2011 NY Slip Op 05473 [85 AD3d 996] |
| June 21, 2011 |
| Appellate Division, Second Department |
| Lillian Petrillo et al., Appellants, v Town of Hempstead etal., Respondents. |
—[*1] 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 AlfredG. Keifer, Jr., as executor of the estate of Irene G. Keifer.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited bytheir 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 defendantTown of Hempstead and the cross motion of the defendant Alfred G. Keifer, Jr., as executor ofthe estate of Irene G. Keifer, which were for summary judgment dismissing the complaint insofaras asserted against each of them.
Ordered that the appeal is dismissed, without costs or disbursements, as the order appealedfrom was superseded by an order of the same court entered April 15, 2010, made uponreargument (see Petrillo v Town of Hempstead, 85 AD3d — [2011] [decidedherewith]). Rivera, J.P., Eng, Roman and Miller, JJ., concur.