Citation Codes Equivalent Citations citation codes Docket Number 2004-01473. Judges Nancy E. Smith See more information ... Smart Summary Please sign up to generate summary. JANET CALLAGHAN, Respondent, v. GERARD CALLAGHAN, Defendant. ALLAN J. BERKE, Nonparty Appellant. Ordered that the appeal is dismissed, without costs or disbursements, as the order was superseded by an order of the same court entered April 9, 2004, made upon reargument ( see Callaghan v. Callaghan, 13 AD3d 406 [decided herewith]).