MOTION NO. 579 EARTH ENERGY CONSULTANTS, LLC V SENECA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, SENECA COUNTY ECONOMIC
Motion No: CA 10-01996
Slip Opinion No: 2011 NY Slip Op 86354(U)
Decided on September 30, 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.


September 30, 2011

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

DOCKET NO. CA 10-01996

MOTION NO. 579

EARTH ENERGY CONSULTANTS, LLC, PLAINTIFF-APPELLANT,

V

SENECA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, SENECA

COUNTY ECONOMIC DEVELOPMENT CORPORATION, AND

ROBERT J. ARONSON, EXECUTIVE DIRECTOR, SENECA COUNTY

INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS.


Appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered May 6, 2011,

Now, upon reading and filing the affidavit of Gerald T. Walsh, Esq., sworn to June 13, 2011, the notice of motion with proof of service thereof, and the affidavit of Dale A. Worrall, Esq., sworn to June 22, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 30, 2011

Patricia L. Morgan, Clerk