| Matter of Town of Farmersville v New York State Bd. on Elec. Generation Siting & the Envt. |
| 2021 NY Slip Op 06222 [199 AD3d 1315] |
| November 12, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Town of Farmersville,
Petitioner, v New York State Board on Electric Generation Siting and the Environment et al., Respondents. (Proceeding No. 2.) |
The Zoghlin Group, PLLC, Rochester (Benjamin E. Wisniewski of counsel), for petitioner.
Robert A. Rosenthal, General counsel, Albany (John C. Graham of counsel), for respondent New York State Board on Electric Generation Siting and the Environment.
The Dax Law Firm, P.C., Albany (John W. Dax of counsel), for respondent Alle-Catt Wind Energy, LLC.
Proceeding pursuant to Public Service Law § 170 (1) (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department) to annul a determination granting a Certificate of Environmental Compatibility and Public Need, and for other relief.
It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.
Same memorandum as in Matter of Coalition of Concerned Citizens v New York State Bd. on Elec. Generation Siting & the Envt. ([proceeding No. 1] 199 AD3d 1310 [4th Dept 2021]). Present—Whalen, P.J., Smith, Lindley, Troutman and Winslow, JJ.