PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.

DOCKET NO. CA 10-01898

SYRACUSE UNIVERSITY, PETITIONER-RESPONDENT, V PROJECT ORANGE ASSOCIATES, LLC, RESPONDENT-APPELLANT.

Appellant having moved, upon a notice of motion and the return of an order to show cause granted by the Honorable Edward D. Carni on October 8, 2010, for a stay of all proceedings to enforce a warrant of eviction and order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 11, 2010, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affidavits of W. Bradley Hunt, Esq., sworn to September 7, 2010, and September 10, 2010, the affidavit of Adam Victor, sworn to September 2, 2010, the affirmation of Anthony Wells, sworn to September 14, 2010, the notice of motion with proof of service thereof, said show cause order with proof of service thereof, the affidavit of Louis G. Marcuccia, sworn to September 16, 2010, the affidavit of Jonathan B. Fellows, Esq., sworn to September 17, 2010, the letter of W. Bradley Hunt, Esq., dated December 8, 2010, withdrawing appellant's motion, and the stipulation discontinuing the appeal received December 30, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as moot and the temporary stay contained in said order to show cause is vacated.

Entered: June 29, 2011

Patricia L. Morgan, Clerk