| PAULA L. GIBBS V STATE FARM FIRE AND CASUALTY COMPANY |
| Motion No: CA 17-01540 |
| Slip Opinion No: 2018 NY Slip Op 83516(U) |
| Decided on September 6, 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, PERADOTTO, DEJOSEPH, AND TROUTMAN, JJ.
DOCKET NO. CA 17-01540
| PAULA L. GIBBS, PLAINTIFF-APPELLANT, V STATE FARM FIRE AND
CASUALTY COMPANY, 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 July 18, 2017, on the ground that the appeal is moot,
Now, upon reading and filing the affirmation of Roy A. Mura, Esq., dated July 17, 2018, the notice of motion with proof of service thereof, and the affidavit of Paula L. Gibbs sworn to July 26, 2018, 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 motion at oral argument.
Entered: September 6, 2018
Mark W. Bennett, Clerk