| IN THE MATTER OF TOWN OF HENDERSON TOWN BOARD V TOWN OF HOUNSFIELD PLANNING BOARD, UPSTATE NEW YORK POWER CORP., AND |
| Motion No: CA 11-01244 |
| Slip Opinion No: 2011 NY Slip Op 77151(U) |
| Decided on June 27, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-01244
| IN THE MATTER OF TOWN OF HENDERSON TOWN BOARD,
PETITIONER-APPELLANT, V TOWN OF HOUNSFIELD PLANNING BOARD, UPSTATE NEW YORK POWER CORP., AND NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, RESPONDENTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on August 18, 2010,
Now, upon reading and filing the affirmation of Janet D. Callahan, Esq. dated June 16, 2011, the notice of motion with proof of service thereof, the affirmation of Dennis G. Whelpley, Esq. dated June 22, 2011, and the statement of James A. Muscato, II, Esq. dated June 23, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before August 15, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: June 27, 2011
Patricia L. Morgan, Clerk