DECISION ORDER
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
By order dated December 17, 1999, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint (see, Berke v. Hamby, ___ A.D.2d ___ [decided herewith]). Accordingly, the appeal from the order dated September 23, 1999, which denied the defendants' motion to strike the plaintiff's demand for a jury trial, is dismissed as academic.