Opinion
DOCKET NO. CA 13-01025
04-16-2014
IN THE MATTER OF NIAGARA PRESERVATION COALITION, INC., PETITIONER-APPELLANT, v. NEW YORK POWER AUTHORITY, GIL C. QUINIONES, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF NEW YORK POWER AUTHORITY, NEW YORK STATE OFFICE OF PARKS, RECREATIO, COMMISSIONER, NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AND MAID OF THE MIST CORPORATION, RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
Respondent Maid of the Mist Corporation having moved to dismiss 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, on the ground that the appeal is moot,
Now, upon reading and filing the affirmation of Amber E. Storr, Esq., dated April 3, 2014, the affidavit of Wiliam J. Mahoney sworn to April 3, 2014, the notice of motion with proof of service thereof, the affidavit of John J. Henry, Esq., sworn to April 9, 2014, the affirmation of Owen Demuth, Esq., dated April 9, 2014, and the affirmation of Linda R. Shaw, Esq., dated April 11, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to raising the mootness argument in the respondents' briefs and at oral argument.
Frances E. Cafarell, Clerk