ONEIDA INDIAN NATION V THE PIKE COMPANY, INC.
Motion No: CA 06-03054
Slip Opinion No: 2007 NYSlipOp 81190(U)
Decided on October 16, 2007
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


October 16, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, FAHEY, GREEN, AND PINE, JJ.

DOCKET NO. CA 06-03054

ONEIDA INDIAN NATION, PLAINTIFF-APPELLANT,
V
THE PIKE COMPANY, INC., DEFENDANT-RESPONDENT.

Respondent having moved to dismiss part of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 5, 2006, on the ground that it is moot,

Now, upon reading and filing the affidavit of Mark J. Moretti sworn to

September 6, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: October 16, 2007

JoAnn M. Wahl, Clerk