IN THE MATTER OF LAIDLAW ENERGY AND ENVIRONMENTAL, INC V TOWN OF ELLICOTTVILLE, TOWN OF ELLICOTTVILLE ZONING BOARD OF
Motion No: CA 08-01624
Slip Opinion No: 2008 NYSlipOp 91657(U)
Decided on December 8, 2008
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.


December 8, 2008

PRESENT: HURLBUTT, J.P., SMITH, FAHEY, PERADOTTO, AND PINE, JJ.

DOCKET NO. CA 08-01624

IN THE MATTER OF LAIDLAW ENERGY AND ENVIRONMENTAL, INC,

PETITIONER-RESPONDENT,

V

TOWN OF ELLICOTTVILLE, TOWN OF ELLICOTTVILLE ZONING BOARD

OF APPEALS, JOHN E. KRAMER, IN IS CAPACITY AS CHAIR OF TOWN

OF ELLICOTTVILLE ZONING BOARD OF APPEALS; CYNTHIA DAYTON,

IN HER CAPACITY AS CO-CHAIR OF TOWN OF ELLICOTTVILLE ZONING

BOARD OF APPEALS, ALLEN ADAMS, JOHN E. CADY, AND NORMAN

WINKLER, IN THEIR RESPECTIVE CAPACITIES AS MEMBERS OF TOWN

OF ELLICOTTVILLE ZONING BOARD OF APPEALS,

RESPONDENTS-APPELLANTS.


Counsel for respondent having moved for permission to withdraw on the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 31, 2007,

Now, upon reading and filing the affirmation of Andrw J. Leja dated November 28, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and Hiscock & Barclay, LLP is hereby permitted to withdraw as counsel for respondent.

Entered: December 8, 2008

JoAnn M. Wahl, Clerk