| O'BRIEN & GERE LIMITED AND O'BRIEN & GERE ENGINEERS, INC. V NEXTGEN CHEMICAL PROCESSES, INC., NEXTGEN FUEL, INC., GS |
| Motion No: CA 08-01635 |
| Slip Opinion No: 2008 NYSlipOp 87873(U) |
| Decided on October 28, 2008 |
| 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. |
PRESENT: SCUDDER, P.J., MARTOCHE, FAHEY, PERADOTTO, AND GORSKI, JJ.
DOCKET NO. CA 08-01635
| O'BRIEN & GERE LIMITED AND O'BRIEN & GERE ENGINEERS, INC.,
PLAINTIFFS-APPELLANTS, V NEXTGEN CHEMICAL PROCESSES, INC., NEXTGEN FUEL, INC., GS AGRIFUELS CORP., GREENSHIFT CORPORATION,
GOLDEN TECHNOLOGY MANAGEMENT, LLC, GOSHEN CAPITAL PARTNERS, INC., JOHN GAUS, RON ROBBINS, WARNECKE DESIGN SERVICES, INC., JEFF
DEWEESE, AND PHILIP D. LEVESON, DEFENDANTS-RESPONDENTS. |
Respondents 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 February 8, 2008, on the ground that the action has been dismissed,
Now, upon reading and filing the affirmation of Lisa DiPoala Haber dated October 10, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Frank A. Bersani, Jr. dated October 14, 2008, the reply affirmation of Lisa DiPoala Haber dated October 16, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs as moot.
Entered: October 28, 2008
JoAnn M. Wahl, Clerk