Opinion
DOCKET NO. CA 13-01025
06-18-2013
IN THE MATTER OF NIAGARA PRESERVATION COALITION, INC., PETITIONER-APPELLANT, v. THE NEW YORK POWER AUTHORITY, GIL C. QUINIONES, AS PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE NEW YORK POWER AUTHORITY, NEW YORK OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, ROSE HARVEY, AS COMMISSIONER OF NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, AND THE MAID OF THE MIST CORPORATION, RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
Appellant having moved for a preliminary injunction on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on April 25, 2013, pending the hearing and determination of the appeal taken herein, and having moved for other relief, and
Respondent Maid of the Mist Corporation having cross-moved to strike certain affidavits exhibits, and statements filed by appellant, and having cross-moved for other relief,
Now, upon reading and filing the affirmations of Linda R. Shaw, dated June 7, 2013, and June 14, 2013, the affidavits of Brian D. Gwitt, Esq., sworn to May 17, 2013, June 13, 2013, and June 14, 2013, the affidavits of Louis Ricciuti sworn to April 9, 2013, and June 7, 2013, the affidavit of George A. Scardetta, P.E., sworn to May 14, 2013, the affidavit of William J. Mahoney sworn to May 16, 2013, the affidavit of Michele G. Bergevin sworn to May 16, 2013, the affidavit of Paul G. Poulos sworn to May 14, 2013, the affidavit of Steven P. Fleck sworn to May 14, 2013, the verified petition sworn to April 4, 2013, the notices of motion and cross motion with proof of service thereof, the affidavit of John J. Henry, Esq., sworn to June 13, 2013, the affidavit of Amber E. Storr, Esq., dated June 14, 2013, the affidavit of Robert F. Panepinto sworn to June 12, 2013, and the affirmation of Owen Demuth, Esq., dated June 14, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are denied.
Frances E. Cafarell, Clerk