| IN THE MATTER OF SYNERGY, LLC AND SYNERGY BIOGAS, LLC V SUSAN KIBLER, ASSESSOR, TOWN OF COVINGTON AND TOWN OF COVINGTON |
| Motion No: NOS. CA 14-00173 AND CA 14-00175 |
| Slip Opinion No: 2014 NY Slip Op 73944(U) |
| Decided on May 29, 2014 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NOS. CA 14-00173 AND CA 14-00175
| IN THE MATTER OF SYNERGY, LLC AND SYNERGY BIOGAS, LLC,
PETITIONERS-APPELLANTS, V SUSAN KIBLER, ASSESSOR, TOWN OF COVINGTON AND TOWN OF COVINGTON BOARD OF ASSESSMENT
REVIEW, RESPONDENTS-RESPONDENTS, WYOMING CENTRAL SCHOOL DISTRICT,
INTERVENOR-RESPONDENT. |
The Commissioner of the New York State Department of Agriculture and Markets having moved for leave to file and serve a brief amicus curiae on the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on June 24, 2013, and December 23, 2013,
Now, upon reading and filing the affidavit of John F. Rusnica, Esq., sworn to April 11, 2014, the affidavit of Ronald Rausch sworn to April 11, 2014, the notice of motion with proof of service thereof, the affidavit of Karl S. Essler, Esq,. sworn to April 23, 2014, the affidavit of David M. Roach, Esq., sworn to April 24, 2014, and the affirmation of Philip G. Spellane, Esq., dated April 25, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to file and serve a brief amicus curiae is granted, on the condition that the brief is filed and served in accordance with this Court's rules on or before June 30, 2014, and the Clerk is directed to accept the brief for filing.
Entered: May 29, 2014
Frances E. Cafarell, Clerk