| IN THE MATTER OF HUNTLEY POWER, LLC V TOWN OF TONAWANDA |
| Motion No: OP 22-01275 AND OP 22-01460 |
| Slip Opinion No: 2022 NY Slip Op 73421(U) |
| Decided on October 18, 2022 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.
OP 22-01275 AND OP 22-01460
| IN THE MATTER OF HUNTLEY POWER, LLC,
PETITIONER, V TOWN OF TONAWANDA, RESPONDENT. |
Petitioner having moved to consolidate the original proceedings initiated in this Court pursuant to Eminent Domain Procedure Law § 207,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks consolidation of the proceedings is granted for the purposes of briefing and argument, and
It is further ORDERED that the motion insofar as it seeks a new scheduling order is granted and petitioner's brief shall be filed and served in accordance with this Court's rules on or before November 7, 2022, and
It is further ORDERED that respondent shall file and serve a brief in accordance with this Court's rules on or before November 28, 2022.
Entered: October 18, 2022
Ann Dillon Flynn
Clerk of the Court