MATTER OF RENEW 81 FOR ALL, BY ITS PRESIDENT, FRANK L. FOWLER, CHARLES GARLAND, GARLAND BROTHERS FUNERAL HOME, NATHAN
Motion No: CA 23-00388
Slip Opinion No: 2023 NY Slip Op 67606(U)
Decided on May 22, 2023
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.


May 22, 2023

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

CA 23-00388
DEPARTMENT OF TRANSPORTATION I-81 PROJECT DIRECTOR, AND

MATTER OF RENEW 81 FOR ALL, BY ITS PRESIDENT, FRANK L.

FOWLER, CHARLES GARLAND, GARLAND BROTHERS FUNERAL HOME,

NATHAN GUNN, MARIE TALIERCIO, TOWN OF DEWITT, TOWN OF

SALINA, PETITIONERS-RESPONDENTS-APPELLANTS, TOWN OF TULLY,

PETITIONER-RESPONDENT,

V

NEW YORK STATE DEPARTMENT OF TRANSPORTATION, MARIE THERESE

DOMINGUEZ, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF NEW

YORK STATE DEPARTMENT OF TRANSPORTATION, NICOLAS CHOUBAH,

P.E., IN HIS OFFICIAL CAPACITY AS NEW YORK STATE

DEPARTMENT OF TRANSPORTATION CHIEF ENGINEER, MARK

FRECHETTE, P.E., IN HIS OFFICIAL CAPACITY AS NEW YORK STATE

CITY OF SYRACUSE, RESPONDENTS-APPELLANTS.


The New York State Department of Transportation and the other appellants represented by the New York State Attorney General, having moved for permission to submit a complete digital record on a USB drive, and a single hard copy of the joint appendix, in the appeal taken herein from an order of the Supreme Court, Onondaga County, entered February 14, 2023,

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 permission to file the complete digital record consisting of over 90,000 pages on a USB drive and a single hard copy of the joint appendix is granted.

Entered: May 22, 2023

Ann Dillon Flynn

Clerk of the Court