| 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 85266(U) |
| Decided on September 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. |
Respondents having separately moved for an extension of time to file and serve a brief on 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 Morgan A. Costello, Esq., dated September 7, 2011, the affidavit of Lucy M. Gerviss, Esq., dated September 15, 2011, the affirmation of James A. Muscato, II, Esq., dated September 15, 2011, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted on the condition that the briefs are filed and served on or before October 28, 2011, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before November 14, 2011.
Entered: September 27, 2011
Patricia L. Morgan, Clerk