MATTER OF ECOGEN WIND LLC v. TOWN OF PRATTSBURGH TOWN BOARD

859 CA 12-02307

112 A.D.3d 1282 (2013)

978 N.Y.S.2d 485

2013 NY Slip Op 8675

In the Matter of ECOGEN WIND LLC et al., Appellants-Respondents, v. TOWN OF PRATTSBURGH TOWN BOARD, Respondent-Appellant, et al., Respondents. TOWN OF PRATTSBURGH, Respondent-Appellant, v. ECOGEN WIND LLC et al., Appellants-Respondents.

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

Decided December 27, 2013.


Appeal and cross appeal from a judgment (denominated order) of the Supreme Court, Monroe County (John J. Ark, J.), entered February 24, 2012 in a proceeding pursuant to CPLR article 78. The judgment, among other things, granted in part the motion of petitioners-defendants, Ecogen Wind LLC and Ecogen Transmission Corp., to enforce a settlement agreement and denied the motion of petitioners-defendants to dismiss the declaratory...

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