| DAVID FLOWERS V HARBORCENTER DEVELOPMENT, LLC, AND M.A. MORTENSON COMPANY |
| Motion No: CA 17-00520 |
| Slip Opinion No: 2017 NY Slip Op 85315(U) |
| Decided on September 6, 2017 |
| 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, LINDLEY, DEJOSEPH, AND WINSLOW, JJ.
DOCKET NO. CA 17-00520
| DAVID FLOWERS, PLAINTIFF-RESPONDENT, V HARBORCENTER
DEVELOPMENT, LLC, AND M.A. MORTENSON COMPANY, DEFENDANTS-APPELLANTS. |
Respondent 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 Erie on January 12, 2017, on the ground that the appeal is moot,
Now, upon reading and filing the affidavit of Samuel J. Capizzi, Esq., sworn to August 23, 2017, the notice of motion with proof of service thereof, and the affirmation of Josh H. Kardisch, Esq., dated August 31, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice and leave to renew any arguments in support of or in opposition to the relief sought in the motion at oral argument.
Entered: September 6, 2017
Frances E. Cafarell, Clerk