PRESENT: SCUDDER, P.J., HURLBUTT, LUNN, PERADOTTO, AND GORSKI, JJ.

DOCKET NO. CA 08-01655

IN THE MATTER OF BARKER CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION OF BARKER CENTRAL SCHOOL DISTRICT AND LOUIS J. MEAD, INDIVIDUALLY, AND AS BOARD PRESIDENT OF BOARD OF EDUCATION OF BARKER CENTRAL SCHOOL DISTRICT, PETITIONERS/PLAINTIFFS-APPELLANTS, V NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, AES SOMERSET, LLC, AES EASTERN ENERGY, L.P., AES NEW YORK, L.L.C., AES CORPORATION, COUNTY OF NIAGARA, AND TOWN OF SOMERSET, RESPONDENTS/DEFENDANTS-RESPONDENTS, ET AL., RESPONDENTS-DEFENDANTS. (PROCEEDING NO. 1.) IN THE MATTER OF TOWN OF SOMERSET AND DUDLEY E. CHAFFEE, RICHARD N. RAY, JR., RANDALL J. WAYNER, AND APRIL C. GOW, PETITIONERS-APPELLANTS, V NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, HENRY M. SLOMA, CHAIRPERSON, NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, AES SOMERSET, LLC AND AES EASTERN ENERGY, LP, RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 2.)

New York State United Teachers, Barker Teachers Union, and Barker Central School Support Staff having moved for permission to file and serve a brief amicus curiae on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on November 14, 2007,

Now, upon reading and filing the affidavit of James P. Bilik sworn to October 31, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Richard T. Sullivan dated November 11, 2008, the opposing affirmation of Mark R. McNamara dated November 12, 2008, and due deliberation having been had thereon,

DOCKET NO. CA 08-01655PAGE 2

PRESENT: SCUDDER, P.J., HURLBUTT, LUNN, PERADOTTO, AND GORSKI, JJ.

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before December 19, 2008, and the Clerk is directed to accept the brief for filing.

Entered: December 3, 2008

JoAnn M. Wahl, Clerk