| JACOB GRUBER AND LYNN GRUBER V ERIE COUNTY WATER AUTHORITY |
| Motion No: CA 09-01695, |
| Slip Opinion No: 2010 NY Slip Op 65189(U) |
| Decided on March 5, 2010 |
| 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: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. CA 09-01695,
| JACOB GRUBER AND LYNN GRUBER, PLAINTIFFS-RESPONDENTS, V ERIE
COUNTY WATER AUTHORITY, DEFENDANT-APPELLANT. |
The Public Utility Law Project of New York, Inc. 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 Erie on November 6, 2008,
Now, upon reading and filing the affidavit of Gerald A. Norlander sworn to January 20, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Emilio Colaiacovo sworn to January 28, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: March 5, 2010
Patricia L. Morgan, Clerk