MATTER OF LIGHTHOUSE POINTE PROPERTY ASSOCIATES LLC. V NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Motion No: CA 08-00835
Slip Opinion No: 2009 NYSlipOp 63851(U)
Decided on February 13, 2009
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.


February 13, 2009

PRESENT: SMITH, J.P., CENTRA, FAHEY, AND GREEN, JJ.

DOCKET NO. CA 08-00835

MATTER OF LIGHTHOUSE POINTE PROPERTY ASSOCIATES LLC.,

PETITIONER-RESPONDENT,

V

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,

ALEXANDER B. GRANNIS, AS COMMISSIONER OF NEW YORK STATE

DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND DALE A.

DESNOYERS, AS DIRECTOR OF DIVISION OF ENVIRONMENTAL

REMEDIATION, RESPONDENTS-APPELLANTS.


Buffalo Development Corporation having moved for permission to file a brief amicus curiae on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 27, 2007,

Now, upon reading and filing the affirmation of Richard E. Stanton dated January 29, 2009, 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, denied.

Entered: February 13, 2009

JoAnn M. Wahl, Clerk