| BROADWAY WAREHOUSE CO. V BUFFALO BARN BOARD, LLC , AND DAVID R. PFALZGRAF, JR. |
| Motion No: CA 17-01982 |
| Slip Opinion No: 2018 NY Slip Op 67201(U) |
| Decided on March 12, 2018 |
| 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: WHALEN, P.J., CENTRA, LINDLEY, CURRAN, AND TROUTMAN, JJ.
DOCKET NO. CA 17-01982
| BROADWAY WAREHOUSE CO., PLAINTIFF-APPELLANT, V BUFFALO BARN
BOARD, LLC, ET AL., DEFENDANTS, AND DAVID R. PFALZGRAF, JR., DEFENDANT-RESPONDENT. |
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 August 14, 2017, on the ground that the appeal is moot, and for sanctions,
Now, upon reading and filing the affirmation of Bradley A. Hoppe, Esq., dated February 9, 2018, the notice of motion with proof of service thereof, the affirmation of J. Michael Lennon, Esq., dated March 5, 2018, and the affirmation of Riane F. Lafferty, Esq., dated March 8, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seek to dismiss the appeal as moot is denied without prejudice and leave to renew any arguments in support of or in opposition to the contention that this appeal has been rendered moot at oral argument, and
It is further ORDERED that the motion insofar as it seeks sanctions is denied.
Entered: March 12, 2018
Mark W. Bennett, Clerk