IN THE MATTER OF SIERRA CLUB, COMMITTEE TO PRESERVE THE FINGER LAKES BY AND IN THE NAME OF PETER GAMBA, ITS PRESIDENT
Motion No: CA 18-00648
Slip Opinion No: 2018 NY Slip Op 78772(U)
Decided on July 23, 2018
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.


July 23, 2018

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, DEJOSEPH, AND TROUTMAN, JJ.

DOCKET NO. CA 18-00648

IN THE MATTER OF SIERRA CLUB, COMMITTEE TO PRESERVE THE

FINGER LAKES BY AND IN THE NAME OF PETER GAMBA, ITS

PRESIDENT, AND COALITION TO PROTECT NEW YORK, BY AND IN THE

NAME OF KATHRYN BARTHOLOMEW, ITS TREASURER,

PETITIONERS-APPELLANTS,

V

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,

BASIL SEGGOS, COMMISSIONER, GREENIDGE GENERATION, LLC,

GREENIDGE PIPELINE, LLC, GREENIDGE PIPELINE PROPERTIES

CORPORATION AND LOCKWOOD HILLS, LLC,

RESPONDENTS-RESPONDENTS.


Respondents New York State Department of Environmental Conservation and Basil Seggos, Commissioner having moved for an extension of time to file and serve a brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Yates on June 20, 2017, and petitioners having cross-moved for an extension of time to file and serve reply briefs,

Now, upon reading and filing the affirmation of Claiborne E. Walthall, Esq., dated July 10, 2018, the affirmation of Rachel Treichler, Esq., dated July 16, 2018, the notices of motion and cross motion with proof of service thereof, and the affirmation of Yvonne E. Hennessey, Esq., dated July 20, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the moving respondents' motion is granted on the condition that their brief is filed and served on or before August 6, 2018, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that petitioners' reply briefs, to all respondents' briefs, shall be filed and served on or before August 21, 2018.

Entered: July 23, 2018

Mark W. Bennett, Clerk