| MATTER OF FREEDOM UNITED AND STEPHANIE MILKS, AS PRESIDENT V TOWN OF FREEDOM TOWN BOARD AND RANDY LESTER |
| Motion No: CA 19-02032 |
| Slip Opinion No: 2020 NY Slip Op 61183(U) |
| Decided on January 13, 2020 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 19-02032
| MATTER OF FREEDOM UNITED AND STEPHANIE MILKS, AS
PRESIDENT, PETITIONERS-RESPONDENTS, V TOWN OF FREEDOM TOWN BOARD AND RANDY
LESTER, RESPONDENTS-APPELLANTS. ALLE-CAT WIND ENERGY LLC. |
Alle-Cat Wind Energy LLC having moved for leave to intervene pursuant to CPLR 1013 and 7802 (d), for leave to appeal, and for the notice of appeal taken herein from a judgment of the Supreme Court, Cattaraugus County, entered October 25, 2019, to be deemed valid, and petitioners having moved to dismiss respondents-appellants' appeal, to strike the respondents-appellants' brief and record filed or, in the alternative for an extension of time for a respondents' brief,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are dismissed as moot.
Entered: January 13, 2020
Mark W. Bennett
Clerk of the Court