TOWN OF HENDERSON TOWN BOARD v. TOWN OF HOUNSFIELD PLANNING BOARD ( 2012 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 21 CA 11-01244 PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND GORSKI, JJ. IN THE MATTER OF TOWN OF HENDERSON TOWN BOARD, PETITIONER-APPELLANT, V ORDER TOWN OF HOUNSFIELD PLANNING BOARD, UPSTATE NY POWER CORP., AND NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, RESPONDENTS-RESPONDENTS. 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