IN THE MATTER OF LAIDLAW ENERGY & ENVIRONMENTAL, INC. V TOWN OF ELLICOTTVILLE, TOWN OF ELLICOTTVILLE PLANNING BOARD
Motion No: CA 08-01183
Slip Opinion No: 2008 NYSlipOp 91658(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: MARTOCHE, J.P., SMITH, CENTRA, GREEN, AND PINE, JJ.

DOCKET NO. CA 08-01183

IN THE MATTER OF LAIDLAW ENERGY & ENVIRONMENTAL, INC.,

PETITIONER-APPELLANT,

V

TOWN OF ELLICOTTVILLE, TOWN OF ELLICOTTVILLE PLANNING

BOARD, MARGARET SIGNORE, IN HER CAPACITY AS CHAIR OF TOWN

OF ELLICOTTVILLE PLANNING BOARD, JOHN ZERFAS, IN HIS

CAPACITY AS CO-CHAIR OF TOWN OF ELLICOTTVILLE PLANNING

BOARD, MICHAEL GUERCIO, SHARI BARRERA, DOC DAYTON, GARY

MATHE AND ARTHUR CHUBB, IN THEIR RESPECTIVE CAPACITIES AS

MEMBERS OF TOWN OF ELLICOTTVILLE PLANNING BOARD,

RESPONDENTS-RESPONDENTS.


Counsel for appellant 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 March 18, 2008,

Now, upon reading and filing the affirmation of Andrew 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 appellants.

Entered: December 8, 2008

JoAnn M. Wahl, Clerk