| JOSE M. BERMUDEZ, JR. V AARON J. PUESER AND MARIE T. ENTWISTLE |
| Motion No: CA 18-00693 |
| Slip Opinion No: 2018 NY Slip Op 72770(U) |
| Decided on May 15, 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., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-00693
| JOSE M. BERMUDEZ, JR., PLAINTIFF-RESPONDENT, V AARON J. PUESER
AND MARIE T. ENTWISTLE, 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 Oneida on January 10, 2018, on the ground that the appeal is moot,
Now, upon reading and filing the affirmation of Marc Jonas, Esq., dated April 18, 2018, the notice of motion with proof of service thereof, and the affirmation of Theresa M. Zehe, Esq., dated April 23, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to dismiss the appeal as moot is denied without prejudice and leave to renew the arguments made in support of and in opposition to this motion at oral argument and in the parties' briefs.
Entered: May 15, 2018
Mark W. Bennett, Clerk