| IN THE MATTER OF THE APPLICATION OF NIAGARA COUNTY, ON BEHALF OF ITS RESIDENTS, JOHN CERETTO, RICHARD E. UPDEGROVE |
| Motion No: CA 10-00262 |
| Slip Opinion No: 2010 NY Slip Op 65190(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: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00262
| IN THE MATTER OF THE APPLICATION OF NIAGARA COUNTY, ON BEHALF OF ITS
RESIDENTS, JOHN CERETTO, RICHARD E. UPDEGROVE, PAUL B. WOJTASZEK, PETITIONERS-RESPONDENTS, V POWER AUTHORITY OF THE
STATE OF NEW YORK, THE STATE OF NEW YORK, MICHAEL J. TOWNSEND, AS TRUSTEE OF THE POWER AUTHORITY OF THE STATE OF NEW YORK, JAMES A.
BESHA, SR., AS TRUSTEE OF THE POWER AUTHORITY OF THE STATE OF NEW YORK, D. PATRICK CURLEY, AS TRUSTEE OF THE POWER AUTHORITY
OF THE STATE OF NEW YORK, ELISE M. CUSACK, AS TRUSTEE OF THE POWER AUTHORITY OF THE STATE OF NEW YORK, JONATHAN D. FOSTER, AS
TRUSTEE OF THE POWER AUTHORITY OF THE STATE OF NEW YORK, EUGENE L. NICANDRI, AS TRUSTEE OF THE POWER AUTHORITY OF THE STATE OF NEW
YORK, RESPONDENTS-APPELLANTS. |
Appellants having moved for leave to appeal to this Court from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on December 28, 2009,
Now, upon reading and filing the affidavit of Eileen P. Flynn sworn to January 29, 2010, the affirmation of George Michael Zimmermann dated January 29, 2010, the notices of motion with proofs of service thereof, the opposing affirmation of Nelson Perel dated February 12, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted.
Entered: March 5, 2010
Patricia L. Morgan, Clerk