IN THE MATTER OF COALITION OF CONCERNED CITIZENS AND DENNIS GAFFIN V NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING
Motion No: OP 20-01405
Slip Opinion No: 2021 NY Slip Op 60944(U)
Decided on January 21, 2021
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.


January 21, 2021

PRESENT: SMITH, J.P., NEMOYER, CURRAN, BANNISTER AND DEJOSEPH, JJ.

OP 20-01405

IN THE MATTER OF COALITION OF CONCERNED CITIZENS AND

DENNIS GAFFIN, PETITIONERS,

V

NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE

ENVIRONMENT AND ALLE-CATT WIND ENERGY, LLC, RESPONDENTS.


Petitioners having moved for an order modifying the briefing schedule and permitting the parties to proceed on only the electronic copy of the administrative record, in lieu of a hard copy, on this proceeding pursuant to Public Service Law § 170 (1),

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 insofar as it seeks an extension until January 29, 2021, to file and serve petitioners' brief, and

It is further ORDERED that the motion is dismissed as premature insofar as it seeks an extension of time to file and serve respondents' briefs, and

It is further ORDERED that the proceeding is removed from the day calendar for February 23, 2021, and added to the term of this Court commencing August 11, 2021, and

It is further ORDERED that the motion is denied insofar as it seeks for this Court to rely only on an electronic copy of the record, but the administrative record may be submitted by filing only one hard copy and a digital copy for the purposes of both proceedings.

Entered: January 21, 2021

Mark W. Bennett

Clerk of the Court