IN THE MATTER OF GREEN THUMB LAWN CARE, INC. AND JOHN KNUTSON, PH.D., V PETER M. IWANOWICZ, ACTING COMMISSIONER, AND
Motion No: 372-13
Slip Opinion No: 2013 NY Slip Op 87819(U)
Decided on September 27, 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.


September 27, 2013

PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND SCONIERS, JJ.

MOTION NO. 372-13
DOCKET NO. CA 12-01132
MOTION NO. 373-13
DOCKET NO. CA 12-01133

IN THE MATTER OF GREEN THUMB LAWN CARE, INC.

AND JOHN KNUTSON, PH.D., PETITIONERS-PLAINTIFFS-APPELLANTS,

V

PETER M. IWANOWICZ, ACTING COMMISSIONER, AND NEW YORK STATE

DEPARTMENT OF ENVIRONMENTAL CONSERVATION,

RESPONDENTS-DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)

IN THE MATTER OF GREEN THUMB LAWN CARE, INC.

AND JOHN KNUTSON, PH.D., PETITIONERS-APPELLANTS,

V

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,

RESPONDENT-RESPONDENT.

(APPEAL NO. 2.)


Petitioners having moved for leave to appeal to the Court of Appeals from the orders of this Court entered June 7, 2013,

Now, upon reading and filing the affirmation of Alan J. Pierce, Esq., dated August 12, 2013, the notice of motion with proof of service thereof, and the affirmation of Andrew G. Frank, Esq., dated August 21, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 27, 2013

Frances E. Cafarell, Clerk