IN THE MATTER OF GEORGE L. ANDERSON, JR. V ATTORNEY GENERAL STATE OF NEW YORK, KIM S. MURPHY, NEW YORK STATE DEPARTMENT
Motion No: CA 12-01009
Slip Opinion No: 2012 NY Slip Op 76685(U)
Decided on June 19, 2012
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.


June 19, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-01009
DOCKET NO. CA 12-01010

IN THE MATTER OF GEORGE L. ANDERSON, JR.,

PETITIONER-APPELLANT,

V

ATTORNEY GENERAL STATE OF NEW YORK, KIM S. MURPHY,

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL

CONSERVATION AND STAFF, CHAUTAUQUA COUNTY DISTRICT

ATTORNEY, DAVID W. FOLEY, AND CHAUTAUQUA COUNTY ATTORNEY,

STEPHEN M. ABDELLA, RESPONDENTS-RESPONDENTS.

(APPEAL NO. 1.)

IN THE MATTER OF GEORGE L. ANDERSON, JR.,

PETITIONER-APPELLANT,

V

ATTORNEY GENERAL STATE OF NEW YORK, KIM S. MURPHY,

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL

CONSERVATION AND STAFF, CHAUTAUQUA COUNTY DISTRICT

ATTORNEY, DAVID W. FOLEY, AND CHAUTAUQUA COUNTY ATTORNEY,

STEPHEN M. ABDELLA, RESPONDENTS-RESPONDENTS.

(APPEAL NO. 2.)


Appellant having moved for a temporary restraining order or preliminarily injunction and for a stay of all proceedings to enforce the order and the judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on April 10, 2012, pending the hearing and determination of the appeals taken herein,

Now, upon reading and filing the statement of George L. Anderson, Jr., dated May 22, 2012, the notice of motion with proof of service thereof, and the affirmation of Jane Coleman Cameron, Esq., dated June 15, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 19, 2012

Frances E. Cafarell, Clerk