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 74562(U)
Decided on May 20, 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.


May 20, 2013

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, VALENTINO, AND WHALEN, 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


Petitioners and defendants having moved to expedite the appeal and cross appeal taken herein from an order of 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 Laurie Styka Bloom, Esq., dated April 10, 2013, the notice of motion with proof of service thereof, and the affirmation of Edward P. Hourihan, Jr., Esq., dated April 17, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: May 20, 2013

Frances E. Cafarell, Clerk