Matter of Town of Henderson Town Bd. v Town of Hounsfield Planning Bd., Upstate NY Power Corp. (2012 NY Slip Op 00560)

Matter of Town of Henderson Town Bd. v Town of Hounsfield Planning Bd., Upstate NY Power Corp.

2012 NY Slip Op 00560 [91 AD3d 1293]

January 31, 2012

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 29, 2012

In the Matter of Town of Henderson Town Board, Appellant,
v
Town of Hounsfield Planning Board et al., Respondents.

Hancock Estabrook, LLP, Syracuse (Holly K. Austin of counsel), for petitioner-appellant. Schwerzmann & Wise, P.C., Watertown (Dennis G. Whelpley of counsel), for respondent-respondent Town of Hounsfield Planning Board. Eric T. Schneiderman, Attorney General, Albany (Morgan A. Costello of counsel), for respondent-respondent New York State Department of Environmental Conservation. Young, Sommer, Ward, Ritzenberg, Baker & Moore, LLC, Albany (James A. Muscato, II, of counsel), for respondent-respondent Upstate NY Power Corp. Appeal from a judgment (denominated decision judgment and order) of the Supreme Court, Jefferson County (Joseph D. McGuire, J.), entered August 18, 2010 in a proceeding pursuant to CPLR article 78. The judgment, inter alia, dismissed the amended petition. It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present Scudder, P.J., Smith, Centra, Lindley and Gorski, JJ.