| Matter of Kinsella v New York State Public Service Commission |
| Motion No: 2021-06572 |
| Slip Opinion No: 2022 NY Slip Op 69377(U) |
| Decided on August 1, 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. |
Appellate Division: Second Judicial Department
M284204
MB/
COLLEEN D. DUFFY, J.P.
JOSEPH J. MALTESE
LARA J. GENOVESI
JANICE A. TAYLOR, JJ.
|
2021-06572 In the Matter of Simon V. Kinsella, 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 respondents New York State Public Service Commission and New York State Department of Public Service to join South Fork Wind, LLC, to the proceeding as a respondent.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, South Fork Wind, LLC, is joined to the proceeding as a respondent, and the caption is amended accordingly; and it is further,
ORDERED that on or before August 15, 2022, the petitioner shall serve upon South Fork Wind, LLC, the notice of petition and the petition and file proof of service thereof through the digital portal on this Court's website, and the respondents New York State Public Service Commission and New York State Department of Public Service shall serve upon South Fork Wind, LLC, their answer and file proof of service thereof through the digital portal on this Court's website; and it is further,
ORDERED that on or before September 15, 2022, South Fork Wind, LLC shall serve its answer and upload a digital copy of its answer, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the petitioner's brief is stricken, and on or before October 14, 2022, the petitioner shall serve a replacement brief with a corrected cover which contains the amended caption reflecting South Fork Wind, LLC, as a respondent and containing additional points of argument, if any, with respect to South Fork Wind, LLC, and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that on or before November 14, 2022, the respondents shall serve their respective briefs and upload digital copies of their briefs, with proof of service thereof, through the digital portal on this Court's website.
DUFFY, J.P., MALTESE, GENOVESI and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court