| TIME CAP DEVELOPMENT CORP. V KBC CONCRETE CORP. |
| Motion No: CA 08-01526 |
| Slip Opinion No: 2009 NYSlipOp 69172(U) |
| Decided on April 7, 2009 |
| 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., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-01526
| TIME CAP DEVELOPMENT CORP., PLAINTIFF-APPELLANT, V KBC
CONCRETE CORP., 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 June 2, 2008, on the ground that the appeal is moot,
Now, upon reading and filing the affidavit of Sherry R. Bruce sworn to March 18, 2009, 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, granted and the appeal is dismissed without costs .
Entered: April 7, 2009
Patricia L. Morgan, Deputy Clerk