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TOWN OF RUSH v. NEW YORK STATE OFF. OF RENEWABLE ENERGY SITING

803 OP 23-00427.

221 A.D.3d 1545 (2023)

198 N.Y.S.3d 465

2023 NY Slip Op 05883

Town of Rush, Petitioner, v. New York State Office of Renewable Energy Siting et al., Respondents.

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

Decided November 17, 2023.

Attorney(s) appearing for the Case

WISNIEWSKI LAW PLLC, WEBSTER ( BENJAMIN E. WISNIEWSKI OF COUNSEL), FOR Petitioner.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( JOSHUA M. TALLENT OF COUNSEL), FOR RESPONDENTS NEW YORK STATE OFFICE OF RENEWABLE ENERGY

Present—Whalen, P.J., Curran, Montour, Ogden and Nowak, JJ.

Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to Executive Law § 94-c [5] [g]) to annul and vacate determinations of respondent New York State Office of Renewable Energy Siting.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 16, 2023,

It is hereby ordered that said appeal is unanimously dismissed...

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