IN THE MATTER OF SIERRA CLUB, PEOPLE FOR A HEALTHY ENVIRONMENT, INC., COALITION TO PROTECT NEW YORK, JOHN MARVIN
Motion No: 202-14
Slip Opinion No: 2014 NY Slip Op 75385(U)
Decided on June 13, 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.


June 13, 2014

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

MOTION NO. 202-14
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,

SWEPI, LP, RESPONDENTS-APPELLANTS,

AND WELLSBORO AND CORNING RAILROAD, LLC,

RESPONDENT-RESPONDENT.


Petitioners having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered March 28, 2014,

Now, upon reading and filing the affidavit of Richard J. Lippes, Esq., sworn to April 29, 2014, the notice of motion with proof of service thereof, and the affirmation of Joseph D. Picciotti, Esq., dated May 9, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 13, 2014

Frances E. Cafarell, Clerk