IN THE MATTER OF CATTARAUGUS COUNTY V NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT, NEW YORK
Motion No: OP 24-00643
Slip Opinion No: 2024 NY Slip Op 71152(U)
Decided on July 17, 2024
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.


July 17, 2024

PRESENT: LINDLEY, J.P., CURRAN, MONTOUR, OGDEN, AND DELCONTE, JJ.

OP 24-00643

IN THE MATTER OF CATTARAUGUS COUNTY, PETITIONER,

V

NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING

AND THE ENVIRONMENT, NEW YORK STATE, AND ALLE-CATT

WIND ENERGY LLC, RESPONDENTS.


Petitioner having moved to adjourn oral argument in this original CPLR article 78 proceeding, and for other relief,

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 and the proceeding is removed from the term commencing October 15, 2024, and the proceeding is added to the term commencing December 2, 2024, and

It is further ORDERED that the motion insofar as it seeks an extension of time for petitioner to file its answer and the record or, to file a motion to dismiss in lieu of an answer is granted on the condition that such filing be made on or before August 30, and

It is further ORDERED that the motion insofar as it seeks an extension of time for petitioner to file its brief is granted on the condition that the brief is filed on or before September 20, 2024, and

It is further ORDERED that the motion insofar as it seeks an extension of time for respondents to file their briefs is granted on the condition that the briefs are filed on or before October 21, 2024.

Entered: July 17, 2024

Ann Dillon Flynn

Clerk of the Court