| MOHAWK VALLEY WATER AUTHORITY V STATE OF NEW YORK, ET. AL. ERIE BOULEVARD HYDROPOWER, L.P. MOHAWK VALLEY WATER |
| Motion No: CA 10-00688 |
| Slip Opinion No: 2010 NY Slip Op 75088(U) |
| Decided on June 17, 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 10-00688
DOCKET NO. CA 10-00689
| MOHAWK VALLEY WATER AUTHORITY, PLAINTIFF-RESPONDENT, V
STATE OF NEW YORK, ET. AL., DEFENDANTS, ERIE BOULEVARD HYDROPOWER, L.P., DEFENDANT-APPELLANT, (APPEAL NO. 1.) MOHAWK VALLEY
WATER AUTHORITY, PLAINTIFF-RESPONDENT-APPELLANT, V STATE OF NEW YORK, ERIE BOULEVARD HYDROPOWER, L.P., AND NEW YORK STATE
CANAL CORPORATION, DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 2.) |
Respondent-appellant Mohawk Valley Water Authority having moved for a new scheduling order on the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 24, 2008 and May 28, 2009,
Now, upon reading and filing the affidavit of Alan J. Pierce, Esq. sworn to June 3, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the second ordering
paragraph of the order of this Court entered March 29, 2010 is amended by deleting the date June 11, 2010 and inserting in its place the date June 25, 2010, and
It is further ORDERED that Erie Boulevard Hydropower, L.P. shall file and serve its reply brief on or before July 16, 2010, and
It is further ORDERED that the first ordering paragraph of the order of this Court entered April 20, 2010 is amended by deleting the date July 16, 2010 and inserting in its place the date July 30, 2010, and
It is further ORDERED that State of New York and New York State Canal Corporation shall file and serve their responding brief on Mohawk Valley Water Authority's cross appeal on or before July 30, 2010, and
It is further ORDERED that Mohawk Valley Water Authority shall file and serve its reply brief and its brief on State of New York's and New York State Canal Corporation's cross appeal on or before September 3, 2010, and
It is further ORDERED that State of New York and New York State Canal Corporation shall file and serve their reply brief by September 20, 2010.
Entered: June 17, 2010
Patricia L. Morgan, Clerk