IN THE MATTER OF EMPIRE PIPELINE, INC. AND NATIONAL FUEL GAS SUPPLY CORPORATION V NEW YORK STATE DEPARTMENT OF

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 81970(U)

Decided on October 15, 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.

October 15, 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 moved 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 motion, and due deliberation having been had thereon,

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

Memorandum: No further extensions of time to perfect will be granted absent an unanticipated and extraordinary excuse for the delay.

Entered: October 15, 2019

Mark W. Bennett

Clerk of the Court