IN THE MATTER OF NIAGARA PRESERVATION COALITION, INC., V NEW YORK POWER AUTHORITY, GIL C. QUINIONES, PRESIDENT AND
Motion No: 877-14
Slip Opinion No: 2015 NY Slip Op 60464(U)
Decided on January 2, 2015
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.


January 2, 2015

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, AND LINDLEY, JJ.

MOTION NO. 877-14
DOCKET NO. CA 13-01025

IN THE MATTER OF NIAGARA PRESERVATION COALITION, INC.,

PETITIONER-PLAINTIFF-APPELLANT,

V

NEW YORK POWER AUTHORITY, GIL C. QUINIONES, PRESIDENT AND

CHIEF EXECUTIVE OFFICER OF NEW YORK POWER AUTHORITY, NEW

YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC

PRESERVATION, ROSE HARVEY, COMMISSIONER, NEW YORK STATE

OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AND

MAID OF THE MIST CORPORATION,

RESPONDENTS-DEFENDANTS-RESPONDENTS.


Appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered October 3, 2014,

Now, upon reading and filing the affirmation of Linda R. Shaw, Esq., dated November 3, 2014, the affidavit of Neil F. Woodworth, Esq., sworn to October 30, 2014, the notice of motion with proof of service thereof, the affidavit of John J. Henry, Esq., sworn to November 13, 2014, the affidavit of Brian D. Gwitt, Esq., sworn to November 13, 2014, and the affirmation of Owen Demuth, Esq., dated November 13, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: January 2, 2015

Frances E. Cafarell, Clerk