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COPAKE v. NYS RENEWABLE

Nos. 534318, 534413.

216 A.D.3d 93 (2023)

191 N.Y.S.3d 181

2023 NY Slip Op 02721

In the Matter of TOWN OF COPAKE et al., Appellants, et al., Petitioner, v. NEW YORK STATE OFFICE OF RENEWABLE ENERGY SITING et al., Respondents, et al., Respondents.

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

Decided May 18, 2023.

Attorney(s) appearing for the Case

Law Office of Gary A. Abraham, Great Valley ( Gary A. Abraham of counsel), and Wisniewski Law PLLC, Webster ( Benjamin E. Wisniewski of counsel), for appellants.

Letitia James , Attorney General, Albany ( Lucas C. McNamara of counsel), for New York State Office of Renewable Energy Siting and others, respondents.

Young/Sommer LLC, Albany ( J. Michael Naughton of counsel), for Alliance for Clean Energy New York, Inc., respondent.

Arnold & Porter Kaye Scholer LLP, New York City ( Michael B. Gerrard of counsel), and Sabin Center for Climate Change Law, New York City ( Matthew Eisenson of counsel), for Friends of Flint Mine Solar and others, amici curiae.

Natural Resources Defense Council, New York City ( Jay Cullen Howe of counsel), for Natural Resources Defense Council and others, amici curiae.

AARONS, J.P., REYNOLDS FITZGERALD and McSHAN, JJ., concur.

OPINION OF THE COURT

APPEALS from (1) an order of the Supreme Court, Albany County (Peter A. Lynch, J.), entered September 22, 2021, and (2) a judgment of that court, entered October 8, 2021, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment. The order denied petitioner's motion for a...

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