| Town of Rush v New York State Off. of Renewable Energy Siting |
| 2023 NY Slip Op 05883 [221 AD3d 1545] |
| November 17, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Town of Rush, Petitioner, v New York State Office of Renewable Energy Siting et al., Respondents. |
Wisniewski Law PLLC, Webster (Benjamin E. Wisniewski of counsel), for petitioner.
Letitia James, Attorney General, Albany (Joshua M. Tallent of counsel), for respondents New York State Office of Renewable Energy Siting and another.
Hodgson Russ LLP, Albany (John W. Dax of counsel), for respondent Horseshoe Solar Energy LLC.
Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to Executive Law § 94-c [5] [g]) to annul and vacate determinations of respondent New York State Office of Renewable Energy Siting.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 16, 2023,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Curran, Montour, Ogden and Nowak, JJ.