| IN THE MATTER OF ECOGEN WIND LLC AND ECOGEN TRANSMISSION CORP., V TOWN OF ITALY TOWN BOARD, CONSISTING OF MARGARET |
| Motion No: CA 12-01011 |
| Slip Opinion No: 2012 NY Slip Op 82290(U) |
| Decided on August 21, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-01011
| IN THE MATTER OF ECOGEN WIND LLC AND ECOGEN
TRANSMISSION CORP., PETITIONERS-RESPONDENTS-APPELLANTS, V TOWN OF ITALY TOWN BOARD, CONSISTING OF
MARGARET DUNN, IN HER CAPACITY AS ITALY TOWN SUPERVISOR AND MEMBER OF THE TOWN BOARD, AND AMANDA GORTON, TIMOTHY
KINTON, CHARLES KREUZER, MALCOLM IAN MACKENZIE, IN THEIR CAPACITY AS MEMBERS OF THE TOWN BOARD, TOWN OF ITALY, ET
AL., RESPONDENTS-APPELLANTS-RESPONDENTS, AND FINGER LAKES PRESERVATION ASSOCIATION,
INTERVENOR-RESPONDENT. |
Respondents-appellants-respondents having moved for an extension of time to perfect the appeal and the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Yates on February 24, 2012,
Now, upon reading and filing the affirmation of Gary A. Abraham, Esq., dated August 6, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the second ordering paragraph of the order of this Court entered June 15, 2012, is hereby amended by deleting the date August 13, 2012, and inserting in its place the date August 27, 2012, and
It is further ORDERED that the motion is dismissed insofar as it seeks an extension of time for petitioners-respondents-appellants' cross appeal, without prejudice to a motion for that relief made by petitioners-respondents-appellants.
Entered: August 21, 2012
Frances E. Cafarell, Clerk