IN THE MATTER OF DESTINY USA DEVELOPMENT, LLC AND PYRAMID COMPANY OF ONONDAGA V NEW YORK STATE DEPARTMENT OF
Motion No: CA 08-01855
Slip Opinion No: 2009 NYSlipOp 64630(U)
Decided on February 25, 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 25, 2009

PRESENT: HURLBUTT, J.P., MARTOCHE, CENTRA, PINE AND GORSKI, JJ.

DOCKET NO. CA 08-01855

IN THE MATTER OF DESTINY USA DEVELOPMENT, LLC AND

PYRAMID COMPANY OF ONONDAGA, PETITIONERS-RESPONDENTS,

V

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,

AND ALEXANDER B. GRANNIS, AS COMMISSIONER OF NEW YORK STATE

DEPARTMENT OF ENVIRONMENTAL CONSERVATION,

RESPONDENTS-APPELLANTS.


Lighthouse Pointe Property Associates, LLC and Buffalo Development Corporation having moved for permission to file and serve briefs amicus curiae on the appeal taken from order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 10, 2008,

Now, upon reading and filing the affirmation of Alan J. Knauf dated January 24, 2009, the affirmation of Richard E. Stanton dated January 29, 2009, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, denied.

Entered: February 25, 2009

JoAnn M. Wahl, Clerk