FRESH AIR FOR THE EASTSIDE, INC., V STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CITY OF

FRESH AIR FOR THE EASTSIDE, INC., V STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CITY OF

Motion No: CA 23-00179

Slip Opinion No: 2023 NY Slip Op 75314(U)

Decided on October 17, 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.

October 17, 2023

PRESENT: SMITH, J.P., LINDLEY, CURRAN, AND BANNISTER, JJ.

CA 23-00179

FRESH AIR FOR THE EASTSIDE, INC.,
PLAINTIFF-RESPONDENT-APPELLANT,
V
STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, DEFENDANTS-APPELLANTS,
CITY OF NEW YORK, DEFENDANT-RESPONDENT,
WASTE MANAGEMENT OF NEW YORK, LLC,
DEFENDANT-APPELLANT-RESPONDENT.

Fresh Air For the Eastside, Inc. having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Monroe County, entered December 21, 2022,

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 granted, the time to perfect the appeal is extended to December 22, 2023, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 17, 2023

Ann Dillon Flynn

Clerk of the Court