MATTER OF TRANSGAS ENERGY SYSTEMS, LLC v. NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND ENVIRONMENT


65 A.D.3d 1247 (2009)

In the Matter of TRANSGAS ENERGY SYSTEMS, LLC, Petitioner, v. NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND ENVIRONMENT et al., Respondents.

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

Decided September 22, 2009.


Ordered that the motion of the respondent City of New York to dismiss the petition insofar as asserted against it for failure to timely join it as a necessary party is denied; and it is further,

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

On December 24, 2002 the petitioner TransGas Energy Systems, LLC (hereinafter...

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