| MOTION NO. 1166 MOHAWK VALLEY WATER AUTHORITY, V STATE OF NEW YORK, ERIE BOULEVARD HYDROPOWER, L.P., AND NEW YORK |
| Motion No: CA 10-00689 |
| Slip Opinion No: 2011 NY Slip Op 65014(U) |
| Decided on February 10, 2011 |
| 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., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 10-00689
| MOTION NO. 1166 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.) |
Defendant Erie Boulevard Hydropower, L.P. having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered November 12, 2010,
Now, upon reading and filing the affidavit of Douglas J. Nash, Esq. sworn to December 13, 2010, the notice of motion with proof of service thereof, and the affirmation of Ashley D. Hayes, Esq. dated January 7, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: February 10, 2011
Patricia L. Morgan, Clerk