Case Information

IN THE MATTER OF TOWN OF HENDERSON TOWN BOARD, PETITIONER-APPELLANT, v TOWN OF HOUNSFIELD PLANNING BOARD, UPSTATE NY POWER CORP., AND NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, RESPONDENTS-RESPONDENTS.

CA 11-01244

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

January 31, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND GORSKI, JJ.

ORDER

HANCOCK ESTABROOK, LLP, SYRACUSE (HOLLY K. AUSTIN OF COUNSEL), FOR PETITIONER-APPELLANT.

SCHWERZMANN & WISE, P.C., WATERTOWN (DENNIS G. WHELPLEY OF COUNSEL), FOR RESPONDENT-RESPONDENT TOWN OF HOUNSFIELD PLANNING BOARD.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MORGAN A. COSTELLO OF COUNSEL), FOR RESPONDENT-RESPONDENT NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

YOUNG, SOMMER, WARD, RITZENBERG, BAKER & MOORE, LLC, ALBANY (JAMES A. MUSCATO, II OF COUNSEL), FOR RESPONDENT-RESPONDENT UPSTATE NY POWER CORP.

Appeal from a judgment (denominated decision judgment and order) of the Supreme Court, Jefferson County, (Joseph D. McGuire, J.), entered August 18, 2010 in a proceeding pursuant to CPLR article 78. The judgment, inter alia, dismissed the amended petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: January 31, 2012

Frances E. Cafarell

Clerk of the Court