| MOTION NO. 1053 IN THE MATTER OF LAIDLAW ENERGY AND ENVIRONMENTAL, INC. V TOWN OF ELLICOTTVILLE, TOWN OF ELLICOTTVILLE |
| Motion No: CA 10-00136 |
| Slip Opinion No: 2010 NY Slip Op 92272(U) |
| Decided on December 30, 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: MARTOCHE, J.P., CARNI, GREEN, PINE, AND GORSKI, JJ.
DOCKET NO. CA 10-00136
| MOTION NO. 1053 IN THE MATTER OF LAIDLAW ENERGY AND ENVIRONMENTAL,
INC., PETITIONER-APPELLANT, V TOWN OF ELLICOTTVILLE, TOWN OF ELLICOTTVILLE ZONING BOARD OF APPEALS, JOHN E. KRAMER, IN HIS
CAPACITY AS CHAIR OF TOWN OF ELLICOTTVILLE ZONING BOARD OF APPEALS, CYNTHIA DAYTON, IN HER CAPACITY AS CO-CHAIR OF TOWN OF
ELLICOTTVILLE ZONING BOARD OF APPEALS, ALAN ADAMS, JOHN E. CADY, AND NORMAN WINKLER, IN THEIR RESPECTIVE CAPACITIES AS MEMBERS OF
TOWN OF ELLICOTTVILLE ZONING BOARD OF APPEALS, RESPONDENTS-RESPONDENTS. |
Petitioner Laidlaw Energy and Environmental, Inc. having moved for leave to appeal to the Court of Appeals from the order of this Court entered October 1, 2010,
Now, upon reading and filing the affirmation of Jonathan R. Nelson, Esq. dated November 5, 2010, the notice of motion with proof of service thereof, and the affirmation of Benjamin K. Ahlstrom, Esq. dated November 11, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: December 30, 2010
Patricia L. Morgan, Clerk