| 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 83374(U) |
| Decided on September 5, 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 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 23, 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 first ordering paragraph of the order of this Court entered August 21, 2012, is hereby amended by deleting the date August 27, 2012, and inserting in its place the date September 7, 2012.
Memorandum: No further extensions of time to perfect the appeal will be granted.
Entered: September 5, 2012
Frances E. Cafarell, Clerk