Opinion
Argued February 2, 1999
February 17, 2000
In an action, inter alia, for an injunction enjoining certain construction on the defendant's property, the defendant appeals from an order of the Supreme Court, Suffolk County (Newmark, J.), dated September 30, 1997, which granted the plaintiff's motion for a preliminary injunction.
Graubard Mollen Miller, New York, N.Y. (Milton Mollen and John P. Sheridan of counsel), for appellant.
Regina Seltzer, Bellport, N.Y., for respondent.
LAWRENCE J. BRACKEN, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
The appellant's contentions have been rendered academic by a subsequent order of the Supreme Court, Suffolk County (Emerson, J.), dated January 26, 1999 (see, Stroh v. Gross, 269 A.D.2d 384; [Appellate Division Docket No. 1999-01528, decided herewith]).