Appellate Division: Second Judicial Department

M308139

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2021-06572 In the Matter of Simon V. Kinsella, petitioner, v New York State Public Service Commission, et al., respondents.

DECISION & ORDER ON MOTION

Proceeding pursuant to Public Service Law § 128 and CPLR article 78, inter alia, to review a determination of the New York State Public Service Commission dated March 18, 2021. Motion by the respondents New York State Public Service Commission and New York State Department of Public Service to dismiss the petition for failure to timely join the respondent South Fork Wind, LLC as a necessary party to the proceeding. Motion by the respondent South Fork Wind, LLC to stay the proceeding, pending hearing and determination of the motion to dismiss the petition. Separate motion by the respondent South Fork Wind, LLC to dismiss the petition for failure to timely join the respondent South Fork Wind, LLC as a necessary party to the proceeding.

Upon the papers filed in support of the motions to dismiss the petition and the papers filed in opposition thereto, and upon the papers filed in support of the motion to stay the proceeding and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondent South Fork to stay the proceeding, pending hearing and determination of the motion to dismiss the petition is denied; and, it is further,

ORDERED that the motions to dismiss the petition are held in abeyance and referred to the panel of Justices hearing the proceeding for determination upon the argument or submission thereof.

IANNACCI, J.P., CHAMBERS, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court