| MOTION NO. 293 CLEAR SKIES OVER ORANGEVILLE V TOWN BOARD OF TOWN OF ORANGEVILLE, SUSAN MAY, HANS BOXLER, JR., JAMES |
| Motion No: CA 10-01650 |
| Slip Opinion No: 2011 NY Slip Op 76378(U) |
| Decided on June 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., CENTRA, CARNI, SCONIERS, AND GREEN, JJ.
DOCKET NO. CA 10-01650
| MOTION NO. 293 CLEAR SKIES OVER ORANGEVILLE,
PETITIONER-APPELLANT, V TOWN BOARD OF TOWN OF ORANGEVILLE, SUSAN MAY, HANS BOXLER, JR., JAMES HERMAN, ANDREW FLINT,
AND TOM SCHABLOSKI, IN THEIR CAPACITIES AS TOWN BOARD MEMBERS, RESPONDENTS-RESPONDENTS, AND STONEY CREEK ENERGY
LLC, INTERVENOR-RESPONDENT-RESPONDENT. |
Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered March 25, 2011,
Now, upon reading and filing the affirmation of Gary A. Abraham, Esq. dated April 29, 2011, the notice of motion with proof of service thereof, the affirmation of Daniel A. Spitzer, Esq. dated May 12, 2011, and the affidavit of David M. DiMatteo, Esq. sworn to May 13, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 10, 2011
Patricia L. Morgan, Clerk