PRESENT: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 15-02034

IN THE MATTER OF KAMALA D. HARRIS, ATTORNEY GENERAL OF STATE OF CALIFORNIA, PETITIONER-RESPONDENT, V SENECA PROMOTIONS, INC., RESPONDENT. NATIVE WHOLESALE SUPPLY COMPANY, APPELLANT.

Petitoner-respondent having moved to dismiss the appeal as moot or, in the alternative, for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 2, 2015,

Now, upon reading and filing the affirmations of Laurie Styka Bloom, Esq., received September 21, 2016, and dated September 23, 2016, the notice of motion with proof of service thereof, and the affidavit of Patrick J. Mackey, Esq., sworn to September 23, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal as moot is denied without prejudice and leave to renew the arguments made in support of and opposition to that aspect of the motion in the briefs that remain outstanding and at oral argument, and

It is further ORDERED that the motion insofar as it seeks an extension to file a brief is granted on the condition that the brief is filed and served on or before November 18, 2016, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before December 5, 2016.

Entered: October 19, 2016

Frances E. Cafarell, Clerk