IN THE MATTER OF RENEW 81 FOR ALL, BY ITS PRESIDENT FRANK L. FOWLER, CHARLES GARLAND, GARLAND BROTHERS FUNERAL HOME
Motion No: 916-23
Slip Opinion No: 2024 NY Slip Op 67661(U)
Decided on May 3, 2024
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


May 3, 2024

PRESENT: WHALEN, P.J., CURRAN, OGDEN, GREENWOOD, AND NOWAK, JJ.

MOTION NO. 916-23
CA 23-00388
TRANSPORTATION I-81 PROJECT DIRECTOR,

IN THE MATTER OF RENEW 81 FOR ALL, BY ITS PRESIDENT FRANK

L. FOWLER, CHARLES GARLAND, GARLAND BROTHERS FUNERAL HOME,

NATHAN GUNN, ANN MARIE TALIERCIO, TOWN OF DEWITT, TOWN OF

SALINA, PETITIONERS-RESPONDENTS-APPELLANTS,

AND TOWN OF TULLY, PETITIONER-RESPONDENT,

V

NEW YORK STATE DEPARTMENT OF TRANSPORTATION, MARIE THERESE

DOMINGUEZ, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF NEW

YORK STATE DEPARTMENT OF TRANSPORTATION, NICOLAS CHOUBAH,

P.E., IN HIS OFFICIAL CAPACITY AS NEW YORK STATE DEPARTMENT

OF TRANSPORTATION CHIEF ENGINEER, MARK FRECHETTE, P.E., IN

HIS OFFICIAL CAPACITY AS NEW YORK STATE DEPARTMENT OF

RESPONDENTS-APPELLANTS-RESPONDENTS,

AND CITY OF SYRACUSE, INTERVENOR-APPELLANT-RESPONDENT.


Petitioners-respondents-appellants having moved for leave to appeal to the Court of Appeals and for other relief from the order of this Court entered February 2, 2024,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: May 3, 2024

Ann Dillon Flynn

Clerk of the Court