PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.

OP 23-00427

TOWN OF RUSH, PETITIONER, V NEW YORK STATE OFFICE OF RENEWABLE ENERGY SITING, NEW YORK STATE, AND HORSESHOE SOLAR ENERGY LLC, RESPONDENTS.

In this original CPLR article 78 proceeding, respondents New York State Office of Renewable Energy Siting and New York State having moved for an order setting forth a new briefing schedule and to adjourn the proceeding,

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 a new briefing schedule is granted and the time for respondents to file and serve their answers and for the State to file the administrative return is extended on the condition that the briefs and return are filed and served in accordance with this Court's rules on or before May 30, 2023, and

It is further ORDERED that the time for petitioner to file and serve its brief is extended on the condition that the brief is filed and served in accordance with this Court's rules on or before July 5, 2023,

It is further ORDERED that the time for respondents to file and serve their briefs is extended on the condition that the briefs are filed and served in accordance with this Court's rules on or before August 15, 2023,

It is further ORDERED that the motion is granted to the extent it seeks to adjourn the proceeding, and the proceeding is removed from the day calendar for September 5, 2023, and is added to the term of this Court commencing October 16, 2023.

Entered: May 16, 2023

Ann Dillon Flynn

Clerk of the Court