Robert v. Mahopac Central School District

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Futnam County (O’Rourke, J.), dated August 4, 2006, which granted the defendant’s motion for summary judgment dismissing the complaint. The appeal brings up for review so much of an order of the same court dated September 5, 2006, as, upon reargument, adhered to the original determination (see CFLR 5517 [b]).

Ordered that the appeal from the order dated August 4, 2006, is dismissed, as that order was superseded by the order dated September 5, 2006, made upon reargument; and it is…