IN THE MATTER OF SIERRA CLUB, PEOPLE FOR A HEALTHY ENVIRONMENT, INC., COALITION TO PROTECT NEW YORK, JOHN MARVIN
Motion No: CA 13-01558
Slip Opinion No: 2013 NY Slip Op 93991(U)
Decided on December 11, 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.


December 11, 2013

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND WHALEN, JJ.

DOCKET NO. CA 13-01558

IN THE MATTER OF SIERRA CLUB, PEOPLE FOR A HEALTHY

ENVIRONMENT, INC., COALITION TO PROTECT NEW YORK, JOHN

MARVIN, THERESA FINNERAN, MICHAEL FINNERAN, VIRGINIA HAUFF

AND JEAN WOSINSKI, PETITIONERS-RESPONDENTS,

V

VILLAGE OF PAINTED POST, PAINTED POST DEVELOPMENT, LLC AND

SWEPI, LP, RESPONDENTS-APPELLANTS,

AND WELLSBORO & CORNING RAILROAD, LLC,

RESPONDENT-RESPONDENT.


The National Resources Defense Council, Inc., and Riverkeeper, Inc., having moved for permission to file and serve a brief amicus curiae on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on April 8, 2013,

Now, upon reading and filing the affidavit of Katherine Sinding, Esq., sworn to November 26, 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 on the condition that the brief is filed and served in accordance with the Court's rules on or before January 10, 2014, and the Clerk is directed to accept the brief for filing.

Entered: December 11, 2013

Frances E. Cafarell, Clerk