| IN THE MATTER OF ECOGEN WIND, LLC, AND ECOGEN TRANSMISSION CORP., V TOWN OF PRATTSBURGH TOWN BOARD, |
| Motion No: CA 12-02307 |
| Slip Opinion No: 2013 NY Slip Op 67371(U) |
| Decided on March 12, 2013 |
| 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 12-02307
| IN THE MATTER OF ECOGEN WIND, LLC, AND ECOGEN
TRANSMISSION CORP., PETITIONERS-APPELLANTS-RESPONDENTS, V TOWN OF PRATTSBURGH TOWN BOARD,
RESPONDENT-RESPONDENT-APPELLANT, TOWN OF PRATTSBURGH, PLAINTIFF-RESPONDENT-APPELLANT, V ECOGEN
WIND LLC, AND ECOGEN TRANSMISSION CORP., DEFENDANTS-APPELLANTS-RESPONDENTS. |
Town of Prattsburgh Town Board and Town of Prattsburgh having moved to vacate the dismissal of their cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 24, 2012,
Now, upon reading and filing the affirmation of Joseph S. Nacca, Esq., dated February 22, 2013, 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, and Town of Prattsburgh Town Board and Town of Prattsburgh's cross appeal is deemed timely perfected.
Entered: March 12, 2013
Frances E. Cafarell, Clerk