Matter of Citizens for Preservation of Wainscott, Inc. v New York St
Motion No: 2021-06582
Slip Opinion No: 2022 NY Slip Op 60845(U)
Decided on January 26, 2022
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M281215

E/mb

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

SHERI S. ROMAN, JJ.

2021-06582

In the Matter of Citizens for Preservation of

Wainscott, Inc., petitioner, v New York State

Public Service Commission, et al., respondents.

DECISION & ORDER ON MOTION

Proceeding pursuant to Public Service Law § 128 and CPLR article 78, inter alia, to review a determination of the New York State Public Service Commission dated March 18, 2021. Motion by the petitioner to stay enforcement of the determination dated March 18, 2021, and to enjoin the respondent South Fork Wind, LLC, from performing excavation and construction work concerning the subject project, pending hearing and determination of the proceeding.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., DUFFY, BRATHWAITE NELSON and ROMAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court