ALASKA SEABOARD PARTNERS v. LOW

ORDERED that the appeal from so much of the order dated December 15, 2000, as granted the plaintiff's motion to amend the caption is dismissed as superseded by the order dated January 8, 2001; and it is further,

ORDERED that the order dated December 15, 2000, is affirmed insofar as reviewed; and it is further,

ORDERED that the order dated January 8, 2001, is affirmed; and it is further,

ORDERED that the plaintiff is awarded one bill of costs.

Contrary to the appellant's contention, the Supreme Court providently exercised its discretion in granting the plaintiff's motion to amend the caption, as there was no showing that the appellant was prejudiced by the delay in bringing the motion (cf. Macomber v. Cipollina, 226 A.D.2d 435, 437; Egrini v. Brookhaven Mem. Hosp., 133 A.D.2d 610; Milam v. Gibson Cushman of N.Y., 81 A.D.2d 555, 556).

The appellant's remaining contentions are without merit.

RITTER, J.P., ALTMAN, ADAMS and CRANE, JJ., concur.