| IN THE MATTER OF STATE OF NEW YORK V MICHAEL MATTER |
| Motion No: CA 12-01123 |
| Slip Opinion No: 2013 NY Slip Op 84349(U) |
| Decided on September 5, 2013 |
| 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: SMITH, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 12-01123
| IN THE MATTER OF STATE OF NEW YORK,
PETITIONER-RESPONDENT, V MICHAEL MATTER, RESPONDENT-APPELLANT. |
Petitioner having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on April 19, 2012, on the ground that the appeal is moot,
Now, upon reading and filing the affirmation of Frank Brady, Esq., dated August 6, 2013, the notice of motion with proof of service thereof, and the affirmation of Margot S. Bennett, Esq., dated August 13, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew at oral argument.
Entered: September 5, 2013
Frances E. Cafarell, Clerk