Opinion
DOCKET NO. CA 17-01982
03-12-2018
BROADWAY WAREHOUSE CO., PLAINTIFF-APPELLANT, v. BUFFALO BARN BOARD, LLC, ET AL., DEFENDANTS, AND DAVID R. PFALZGRAF, JR., DEFENDANT-RESPONDENT.
PRESENT:
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 14, 2017, on the ground that the appeal is moot, and for sanctions,
Now, upon reading and filing the affirmation of Bradley A. Hoppe, Esq., dated February 9, 2018, the notice of motion with proof of service thereof, the affirmation of J. Michael Lennon, Esq., dated March 5, 2018, and the affirmation of Riane F. Lafferty, Esq., dated March 8, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seek to dismiss the appeal as moot is denied without prejudice and leave to renew any arguments in support of or in opposition to the contention that this appeal has been rendered moot at oral argument, and
It is further ORDERED that the motion insofar as it seeks sanctions is denied.
Entered: March 12, 2018
Mark W. Bennett, Clerk