CLEAR SKIES OVER ORANGEVILLE v. TOWN BOARD OF TOWN OF ORANGEVILLE ( 2011 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 293 CA 10-01650 PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND GREEN, JJ. CLEAR SKIES OVER ORANGEVILLE, PETITIONER-APPELLANT, V ORDER TOWN BOARD OF TOWN OF ORANGEVILLE, SUSAN MAY, HANS BOXLER, JR., JAMES HERMAN, ANDREW FLINT, AND TOM SCHABLOSKI, IN THEIR CAPACITIES AS TOWN BOARD MEMBERS, RESPONDENTS-RESPONDENTS, AND STONEY CREEK ENERGY LLC, INTERVENOR-RESPONDENT-RESPONDENT. LAW OFFICE OF GARY A. ABRAHAM, ALLEGANY (GARY A. ABRAHAM OF COUNSEL), FOR PETITIONER-APPELLANT. LAW OFFICE OF DAVID M. DIMATTEO, WARSAW (DAVID M. DIMATTEO OF COUNSEL), FOR RESPONDENTS-RESPONDENTS. HODGSON RUSS LLP, BUFFALO (DANIEL A. SPITZER OF COUNSEL), FOR INTERVENOR-RESPONDENT-RESPONDENT. Appeal from a judgment of the Supreme Court, Wyoming County (Patrick H. NeMoyer, J.), entered April 21, 2010. The judgment dismissed the petition and complaint, insofar as it seeks relief pursuant to CPLR article 78, and declared that municipal respondents did not act unlawfully in enacting Local Law No. 2 of 2009. 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: March 25, 2011 Patricia L. Morgan Clerk of the Court