| Matter of Grahel Associates, LLC v New York State Departm |
| Motion No: 2011-02919 |
| Slip Opinion No: 2012 NY Slip Op 71038(U) |
| Decided on April 23, 2012 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M136636
E/sl
REINALDO E. RIVERA, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2011-02919 In the Matter of Grahel Associates, LLC, appellant, v New York State Department of Environmental Conservation, et al., respondents. (Index No. 15468/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to file a supplemental brief on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered February 18, 2011, regarding the applicability of Sackett v Environmental Protection Agency (___ US ___ [Mar. 21, 2012]), to the issues raised on the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the appellant shall serve and file the supplemental brief on or before May 3, 2012, and the respondents may serve and file a brief in response to the appellant's supplemental brief on or before May 14, 2012, if they be so advised.
RIVERA, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court