DOCKET NO. CA 16-01207
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 1, 2015, on the ground that the appeal is moot,
Now, upon reading and filing the affirmation of Charles von Simson, Esq., dated September 23, 2016, the notice of motion with proof of service thereof, and the affirmation of Stephen F. Szymoniak, Esq., dated October 5, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice and leave to renew the arguments made in support of and in opposition to the motion in the briefs that remain outstanding and at oral argument.
Entered: October 25, 2016
Frances E. Cafarell, Clerk