DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
The Supreme Court held the appellant's motion for summary judgment in abeyance, thus leaving the motion pending and undecided. Accordingly, the appeal is dismissed, without consideration of the merits (see GL Indus./Old Actions Labs v. Bell Bates, 293 A.D.2d 511; Lavi v. Old Cedar Dev. Corp., 281 A.D.2d 397; Katz v. Katz, 68 A.D.2d 536).
FEUERSTEIN, J.P., SMITH, O'BRIEN and GOLDSTEIN, JJ., concur.