| TOWN OF RUSH V NEW YORK STATE OFFICE OF RENEWABLE ENERGY SITING, NEW YORK STATE, AND HORSESHOE SOLAR ENERGY LLC |
| Motion No: OP 23-00427 |
| Slip Opinion No: 2023 NY Slip Op 68752(U) |
| Decided on June 12, 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. |
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 permission to file portions of the record and briefs under seal, on the ground that certain documents in the record and arguments in the briefs contain "protected information," that are exempt from public disclosure pursuant to multiple sections of the Public Service Law, Executive Law, Public Officer's Law, and the Environmental Conservation Law,
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 is denied insofar as it seeks to file portions of the record and briefs under seal, without prejudice to a new motion that specifically articulates what documents the parties wish to file under seal, including an explanation as to why each document may be considered "protected information" that is exempt from public disclosure.
Entered: June 12, 2023
Ann Dillon Flynn
Clerk of the Court