| MOHAWK VALLEY WATER AUTHORITY, V THE STATE OF NEW YORK, ERIE BOULEVARD HYDROPOWER, L.P., AND THE NEW YORK STATE CANAL |
| Motion No: CA 10-00689 |
| Slip Opinion No: 2010 NY Slip Op 69827(U) |
| Decided on April 20, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00689
| MOHAWK VALLEY WATER AUTHORITY, PLAINTIFF-RESPONDENT-APPELLANT,
V THE STATE OF NEW YORK, ERIE BOULEVARD HYDROPOWER, L.P., AND THE NEW YORK STATE CANAL CORPORATION,
DEFENDANTS-APPELLANTS-RESPONDENTS. |
Appellants-respondents State of New York and New York State Canal Corporation having moved for an extension of time to perfect the cross appeal taken from herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 28, 2009, and for other relief,
Now, upon reading and filing the affirmation of Owen Demuth, Esq. dated March 30, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it requests an extension of time to perfect the cross appeal is granted to the extent that appellant shall perfect the cross appeal on or before July 16, 2010 and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
It is hereby ORDERED that the motion is otherwise dismissed as premature.
Entered: April 20, 2010
Patricia L. Morgan, Clerk