| IN THE MATTER OF DESTINY USA DEVELOPMENT, LLC AND PYRAMID COMPANY OF ONONDAGA V NEW YORK STATE DEPARTMENT OF |
| Motion No: 647-09 |
| Slip Opinion No: 2009 NY Slip Op 85791(U) |
| Decided on October 2, 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. |
PRESENT: HURLBUTT, J. P., MARTOCHE, CENTRA, PINE, AND GORSKI, JJ.
MOTION NO. 647-09
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. |
Respondents having moved for leave to appeal to the Court of Appeals from the order of this Court entered June 5, 2009,
Now, upon reading and filing the affirmation of Denise A. Hartman dated July 2, 2009, the notice of motion with proof of service thereof, the opposing affirmation of William J. Gilberti, Jr. dated July 16, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: October 2, 2009
Patricia L. Morgan, Clerk