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 72985(U)
Decided on August 23, 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.


August 23, 2023

PRESENT: WHALEN, P.J., CURRAN, MONTOUR, OGDEN, AND NOWAK, 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.


Petitioner having moved for an extension of time to file and serve a brief in this original proceeding pursuant to, inter alia, CPLR article 78,

Now, upon the parties having discontinued this original proceeding by stipulation of discontinuance, dated August 16, 2023,

It is hereby ORDERED that the motion is dismissed as moot.

Entered: August 23, 2023

Ann Dillon Flynn

Clerk of the Court