SCUDDER, P.J.
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
Defendant having moved for an order granting summary judgment for the application pursuant to CPL 460.15 seeking permission to appeal from the order of Erie County Court, dated September 24, 2014, and other relief,
Now, upon reading and filing the affidavit of Earl Stone sworn to January 15, 2015, the statement of Earl Stone dated February 12, 2015, the notice of motion with proof of service thereof, the statement of Nicholas T. Texido, Esq. dated February 6, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as moot.
Entered: March 2, 2015
Frances E. Cafarell, Clerk