Opinion
686 OP 20-01406
11-12-2021
In the Matter of TOWN OF FARMERSVILLE, Petitioner, v. NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT, Alle-Catt Wind Energy, LLC, State of New York, John Doe Corporations and John Does, Respondents. (Proceeding No. 2.)
THE ZOGHLIN GROUP, PLLC, ROCHESTER (BENJAMIN E. WISNIEWSKI OF COUNSEL), FOR PETITIONER. ROBERT A. ROSENTHAL, GENERAL COUNSEL, ALBANY (JOHN C. GRAHAM OF COUNSEL), FOR RESPONDENT NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT. THE DAX LAW FIRM, P.C., ALBANY (JOHN W. DAX OF COUNSEL), FOR RESPONDENT ALLE-CATT WIND ENERGY, LLC.
THE ZOGHLIN GROUP, PLLC, ROCHESTER (BENJAMIN E. WISNIEWSKI OF COUNSEL), FOR PETITIONER.
ROBERT A. ROSENTHAL, GENERAL COUNSEL, ALBANY (JOHN C. GRAHAM OF COUNSEL), FOR RESPONDENT NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT.
THE DAX LAW FIRM, P.C., ALBANY (JOHN W. DAX OF COUNSEL), FOR RESPONDENT ALLE-CATT WIND ENERGY, LLC.
PRESENT: WHALEN, P.J., SMITH, LINDLEY, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
Proceeding pursuant to Public Service Law § 170 (1) (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department) to annul a determination granting a Certificate of Environmental Compatibility and Public Need, and for other relief.
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
Same memorandum as in Matter of Coalition of Concerned Citizens v. New York State Bd. on Elec. Generation Siting & Envt. (proceeding No. 1), 199 A.D.3d 1310, ––– N.Y.S.3d –––– (Nov. 12, 2021) (4th Dept. 2021).