Spadafora v. Home Depot, Inc.

—In an action to recover damages *496for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Dutchess County (Marlow, J.), dated August 10, 2000, as granted that branch of the defendant’s motion which was to dismiss the complaint pursuant to CPLR 3215 (c). The appeal brings up for review so much of an order of the same court, dated April 3, 2001, as, upon reargument, adhered to the original determination (see, CPLR 5517 [b]).

Ordered that the appeal from the order dated August 10, 2000, is dismissed, as that order was superseded by the…