IN THE MATTER OF THE APPLICATION OF EVAN DAVIS, SAMANTHA DAVIS - V TOWN BOARD OF THE TOWN OF VILLENOVA, BALL HILL WIND
Motion No: CA 21-00092
Slip Opinion No: 2021 NY Slip Op 63148(U)
Decided on March 12, 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.


March 12, 2021

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 21-00092

IN THE MATTER OF THE APPLICATION OF

EVAN DAVIS, SAMANTHA DAVIS, ET AL.,

PETITIONERS-APPELLANTS,

V

TOWN BOARD OF THE TOWN OF VILLENOVA,

BALL HILL WIND ENERGY, LLC, AND

RENEWABLE ENERGY SYSTEMS AMERICAS,

RESPONDENTS-RESPONDENTS.


Appellants having moved for an extension of time to respond to the motion to dismiss the appeal taken herein from an order and judgment of the Supreme Court, Chautauqua County, entered June 30, 2020,

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 and the return date for the motion and cross motion to dismiss of respondents Town Board of the Town of Villenova and Ball Hill Wind Energy, LLC are adjourned until March 22, 2021.

Entered: March 12, 2021

Mark W. Bennett

Clerk of the Court