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MATTER OF INCORPORATED VILLAGE OF POQUOTT v. CAHILL

11 A.D.3d 536 (2004)

782 N.Y.S.2d 823

In the Matter of INCORPORATED VILLAGE OF POQUOTT et al., Appellants, v. JOHN CAHILL et al., Respondents.

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

October 12, 2004.

Ordered that the order and judgment is modified, on the law and as a matter of discretion, by deleting the provision thereof granting the motion of the Long Island Power Authority for an award of costs and disbursements, and substituting therefor a provision denying that motion; as so modified, the order and judgment is affirmed, without costs or disbursements.

In 2001 the Long Island Power Authority (hereinafter LIPA) formulated a plan, known as the Summer 2002 Combustion...

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