Appellate Division: Second Judicial Department

M271039

kbp/

RUTH C. BALKIN, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2019-05537, 2019-05539, 2019-05540, 2019-05600, 2019-05609, 2019-05615, 2019-05618, 2019-05623, 2019-05625, 2019-05629, 2019-07417, 2019-07420 Bruce Bavasso, et al., respondents, et al., plaintiffs, v Long Island Power Authority, et al., appellants. (Appeal No. 1) William Baumann, et al., respondents, et al., plaintiffs, v Long Island Power Authority, et al., appellants. (Appeal No. 2) Barbara Connolly, et al., respondents, et al., plaintiffs, v Long Island Power Authority, et al., defendants-appellants; National Grid USA, Inc., et al., nonparty-appellants. (Appeal No. 3) Adirondack Insurance Exchange, etc., et al., respondents, v Long Island Power Authority, et al., appellants. (Appeal No. 4) Hartford, etc., respondent, v Long Island Power Authority, et al., appellants. (Appeal No. 5) Praetorian Insurance Company, et al., respondents, v Long Island Power Authority, et al., defendants- appellants; Keyspan Electric Services, LLC, nonparty-appellant. (Appeal No. 6) Nationwide Insurance Company, etc., respondent, v Long Island Power Authority, et al., appellants. (Appeal No. 7) Narragansett Bay Insurance Company, etc., responde v Long Island Power Authority, et al., appellants. (Appeal No. 8) New York Property Insurance Underwriting Associat etc., respondent, v Long Island Power Authority, et al defendants-appellants; Keyspan Electric Services, LL nonparty-appellant. (Appeal No. 9) William Heeran, etc., et al., respondents, v Long Isla Authority, et al., defendants-appellants; National Gri Services, LLC, nonparty-appellant. (Appeal No. 10) AIG Property Casualty Company, etc., respondent, v Long Island Power Authority, defendant, National Grid, PLC, etc., et al., appellants. (Appeal No. 11) Hanover Insurance Company, etc., respondent, v Long Island Power Authority, et al., defendants, National Grid, PLC, etc., et al., appellants. (Appeal No. 12) (Index Nos. 22879/13, 13286/13, 6341/13, 700552/14, 700105/14, 704580/14, 700106/14, 700108/14, 700109/14, 702558/13, 701573/14, 700418/14)

DECISION & ORDER ON MOTION nt, ion, ., C, nd Power d Electric

Motion to extend the appellants' time to serve and file a joint reply brief on appeals from 12 orders of the Supreme Court, Queens County, all dated April 2, 2019. Separate motion by New York State Electric & Gas Corporation, Rochester Gas & Electric Corporation, and Consolidated Edison Company of New York, Inc., for leave to file an amici curiae brief and for oral argument. Separate motion by CenterPoint Energy Houston Electric, LLC, for leave to file an amicus curiae brief. Cross motion by the plaintiffs-respondents in the appeals under Appellate Division Docket Nos. 2019-05629, 2019-05609, 2019-05623, and 2019-05625, for leave to file a brief in response to the amici curiae brief.

Upon the papers filed in support of the motion to extend the appellants' time to serve and file a joint reply brief and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the motion by New York State Electric & Gas Corporation, Rochester Gas & Electric Corporation, and Consolidated Edison Company of New York, Inc., and the papers filed in opposition thereto, upon the papers filed in support of the motion by CenterPoint Energy Houston Electric, LLC, and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to extend the appellants' time to serve and file a joint reply brief is granted, the appellants' time to serve and file a joint reply brief is extended, and on or before June 29, 2020, the appellants shall serve the joint reply brief and upload digital copies of the joint reply brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the joint reply brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the branch of the motion by New York State Electric & Gas Corporation, Rochester Gas & Electric Corporation, and Consolidated Edison Company of New York, Inc., which is for leave to file an amici curiae brief is granted, and on or before June 25, 2020, these movants shall serve the amici curiae brief on the parties and upload digital copies of the amici curiae brief, with proof of service thereof, through the digital portal on this Court's website, and file one original and five hard copies of the amici curiae brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion by New York State Electric & Gas Corporation, Rochester Gas & Electric Corporation, and Consolidated Edison Company of New York, Inc., is otherwise denied; and it is further,

ORDERED that the motion by CenterPoint Energy Houston Electric, LLC, is granted, and on or before June 25, 2020, this movant shall serve the amicus curiae brief on the parties and upload digital copies of the amicus curiae brief, with proof of service thereof, through the digital portal on this Court's website, and file one original and five hard copies of the amicus curiae brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that no oral argument by the amici curiae shall be permitted; and it is further,

ORDERED that the cross motion is granted; and it is further,

ORDERED that any party, if it be so advised, may respond to the briefs of the amici curiae by serving one reply brief and uploading a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website, on or before July 16, 2020, and file one original and five hard copies of the reply brief in accordance with any applicable administrative order or other order to be issued by the Court.

BALKIN, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court