PRESENT: SCUDDER, P.J., HURLBUTT, SMITH, AND CENTRA, JJ.

DOCKET NO. TP 08-00986
DOCKET NO. TP 08-00986Page 2

IN THE MATTER OF ERIC D. HOSMER, KYLE L. HOSMER, GERALD S. HEDMAN, RICHARD L. MARIOTTO, WILLIAM J. HARKENDRIDER, NIKKI L. HARKENRIDER AND JAMES LINDSAY, PETITIONERS, V TOWN BOARD OF TOWN OF HOWARD, HOWARD WIND, LLC, EVERPOWER GLOBAL CORPORATION, TOWN PLANNING BOARD OF TOWN OF HOWARD AND WILLIAM O. HATCH, RESPONDENTS. Petitioners having moved for an extension of time to file and serve a brief on the CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on January 30, 2008, and for other relief, and respondent William O. Hatch having cross-moved to dismiss the proceeding for legal insufficiency, Now, upon reading and filing the affirmation of Arthur J. Giacalone dated May 20, 2008, the notice of motion with proof of service thereof, the opposing affirmation of David C. Brennan dated May 29, 2008, the opposing affirmation of Thomas W. Reed, II dated June 5, 2008, the notice of cross motion with proof of service thereof, the affirmation of David C. Brennan dated June 12, 2008, the reply affirmation of Arthur J. Giacalone dated June 12, 2008, the supplemental affirmation of Arthur J. Giacalone dated June 13, 2008, and due deliberation having been had thereon, It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that all petitioners other than Gerald S. Hedman are stricken from the caption of this proceeding, and petitioner Hedman's brief shall be filed and served on or before July 17, 2008, and the Clerk is directed to accept the brief for filing, and the motion is otherwise denied, and It is further ORDERED that respondents' briefs shall be filed and served on or before August 21, 2008, and PRESENT: SCUDDER, P.J., HURLBUTT, SMITH, AND CENTRA, JJ.

It is further ORDERED that the cross motion be, and the same hereby is, denied.

Entered: June 17, 2008

JoAnn M. Wahl, Clerk