Opinion
DOCKET NO. CA 17-00520
09-06-2017
DAVID FLOWERS, PLAINTIFF-RESPONDENT, v. HARBORCENTER DEVELOPMENT, LLC, AND M.A. MORTENSON COMPANY, DEFENDANTS-APPELLANTS.
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 January 12, 2017, on the ground that the appeal is moot,
Now, upon reading and filing the affidavit of Samuel J. Capizzi, Esq., sworn to August 23, 2017, the notice of motion with proof of service thereof, and the affirmation of Josh H. Kardisch, Esq., dated August 31, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice and leave to renew any arguments in support of or in opposition to the relief sought in the motion at oral argument.
Entered: September 6, 2017
Frances E. Cafarell, Clerk