Opinion
5:05-CV-900.
June 28, 2006
FRIEDMAN, HIRSCHEN, MILLER CAMPITO, P.C. Attorneys for Debtor-Plaintiff Schenectady, NY, OF COUNSEL JEFFREY N. MILLER, ESQ.
NIAGARA MOHAWK POWER CORPORATION Defendant, Managing Counsel of Counsel Syracuse, New York, JOHN T. PARKINSON, ESQ.
HISCOCK BARCLAY, LLP Attorneys for Defendant Albany, NY, MICHAEL J. SMITH, ESQ.
MEMORANDUM-DECISION and ORDER
Niagara Mohawk moves to withdraw the reference to the Bankruptcy Court. King Service, Inc. opposes. The motion was taken on submission without oral argument.
Niagara Mohawk's motion is grounded in the theory that, given the CERCLA action pending in the district court, good cause exists to hear the CERCLA matter and the adversary proceeding, which is based upon environmental contamination and remediation at the same site as the CERCLA action, in the same forum. In a Memorandum-Decision and Order in the CERCLA action, No. 98-CV-1039, filed this date, dismissing that case in its entirety, there remain no grounds for withdrawing the reference.
Accordingly, it is
ORDERED that Niagara Mohawk Power Corporation's motion to withdraw the reference is DENIED.
IT IS SO ORDERED.