TOWN OF ISLIP v. LONG IS. POWER AUTH.


301 A.D.2d 1 (2002)

752 N.Y.S.2d 320

In the Matter of TOWN OF ISLIP et al., Respondents, v. LONG ISLAND POWER AUTHORITY et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 7, 2002.


Attorney(s) appearing for the Case

Rivkin Radler, LLP, Uniondale (Evan H. Krinick and Michael P. Versichelli of counsel), and Ruskin, Moscou, Evans & Faltischek, P.C., Mineola (Arthur J. Kremer of counsel), for Long Island Power Authority and another, appellants. (One brief filed.)

Schapiro & Reich, Lindenhurst (Perry S. Reich and Steven M. Schapiro of counsel), and Murphy Bartol & O'Brien, Mineola (Jeffrey P. Sharkey of counsel), for Town of Brookhaven, appellant; Robert J. Cimino, County Attorney, Hauppauge (Robert L. Garfinkle of counsel), for County of Suffolk, appellant; and Michael Englert, Poughkeepsie, for Shoreham-Wading River School District, appellant. (One brief filed.)

Lorna B. Goodman, County Attorney (Farrell Fritz, P.C., Uniondale [Dolores Fredrich and Jennifer Mone] of counsel), for County of Nassau, appellant.

Hamburger, Maxson & Yaffe, LLP, Melville (Richard Hamburger and Lane T. Maxson of counsel), for North Shore Library District, appellant, and Sapienza & Frank, Massapequa, for Wading River Fire District, appellant. (One brief filed.)

Vincent J. Messina, Jr., Town Attorney, Islip, for Town of Islip and others, respondents.

John B. Zollo, Town Attorney, Smithtown (Fred Calandrino of counsel), for Town of Smithtown, respondent.

ALTMAN, J.P., FLORIO, H. MILLER and COZIER, JJ., concur.


OPINION OF THE COURT

Per Curiam.

In this proceeding, the petitioners challenge the legality of a portion of the Shoreham Settlement Agreement (hereinafter the Settlement Agreement) entered into by the appellants, Long Island Power Authority (hereinafter LIPA), Long Island Lighting Company (hereinafter LILCO), the County of Suffolk, the County of Nassau, the Town of Brookhaven (hereinafter Brookhaven), the Shoreham-Wading River Central School District, the...

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