IN THE MATTER OF EMPIRE PIPELINE, INC. AND NATIONAL FUEL GAS SUPPLY CORPORATION V NEW YORK STATE DEPARTMENT OF
Motion No: CA 19-00139
Slip Opinion No: 2019 NY Slip Op 79841(U)
Decided on September 13, 2019
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.


September 13, 2019

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

CA 19-00139

IN THE MATTER OF EMPIRE PIPELINE, INC. AND NATIONAL FUEL GAS SUPPLY CORPORATION, PETITIONERS-APPELLANTS,

V

NEW YORK STATE DEPARTMENT OF CONSERVATION, BASIL SEGGOS,

JOHN FERGUSON, MICHAEL HIGGINS, RESPONDENTS-RESPONDENTS.


Appellants having applied for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Niagara County, entered January 18, 2019,

Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, the time to perfect the appeal is extended to October 16, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 13, 2019

Mark W. Bennett

Clerk of the Court