WANDA CONLEY V ANDREW E. WARNER
Motion No: CA 06-00930
Slip Opinion No: 2007 NYSlipOp 84668(U)
Decided on November 27, 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.


November 27, 2007

PRESENT: HURLBUTT, J.P., SMITH, CENTRA, LUNN, AND FAHEY, JJ.

DOCKET NO. CA 06-00930

WANDA CONLEY, PLAINTIFF-APPELLANT,

V

ANDREW E. WARNER, DEFENDANT-RESPONDENT.


Appellant having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on March 16, 2006, on the ground that the appeal is moot,

Now, upon reading and filing the affidavit of Woodruff Carroll sworn to

October 12, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Lorraine Rann Mertell sworn to October 26, 2007, the reply affidavit of Woodruff Lee Carroll sworn to November 2, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew at oral argument.

Entered: November 27, 2007

JoAnn M. Wahl, Clerk