IN THE MATTER OF U.S. ENERGY DEVELOPMENT CORP. V NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, JOSEPH
Motion No: CA 13-01416
Slip Opinion No: 2013 NY Slip Op 90554(U)
Decided on October 31, 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.


October 31, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-01416

IN THE MATTER OF U.S. ENERGY DEVELOPMENT CORP.,

PETITIONER-APPELLANT,

V

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,

JOSEPH MARTENS, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF

DEPARTMENT OF ENVIRONMENTAL CONSERVATION, MAUREEN BRADY, IN

HER OFFICIAL CAPACITY AS REGIONAL ATTORNEY FOR DEPARTMENT

OF ENVIRONMENTAL CONSERVATION, AND ERIC SCHNEIDERMAN, IN

HIS CAPACITY AS NEW YORK STATE ATTORNEY GENERAL,

RESPONDENTS-RESPONDENTS.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 26, 2012,

Now, upon reading and filing the affirmatoin of Laura Etlinger, Esq., dated October 18, 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 to the extent that the first ordering paragraph of the order of this Court entered September 23, 2013, is hereby amended by deleting the date October 21, 2013, and inserting in its place the date November 13, 2013, and

It is further ORDERED that second ordering paragraph of the order entered September 23, 2013, is hereby amended by deleting the date November 6, 2013, and inserting in its place the date November 29, 2013.

Entered: October 31, 2013

Frances E. Cafarell, Clerk