| IN THE MATTER OF TOWN OF FARMERSVILLE V NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT |
| Motion No: OP 20-01406 |
| Slip Opinion No: 2021 NY Slip Op 60948(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. |
PRESENT: SMITH, J.P., NEMOYER, CURRAN, BANNISTER, AND DEJOSEPH, JJ.
OP 20-01406
| IN THE MATTER OF TOWN OF FARMERSVILLE,
PETITIONER, V NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT, ALLE-CATT WIND ENERGY, LLC, STATE
OF NEW YORK, JOHN DOE CORPORATIONS AND JOHN DOES, RESPONDENTS. |
Petitioner 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 these proceedings, 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 petitioner's 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