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 86699(U)
Decided on December 19, 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.


December 19, 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 to discontinue 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 and the appeal is dismissed without costs.

Entered: December 19, 2019

Mark W. Bennett

Clerk of the Court