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At a Special Term, Part No. __ of the
Supreme Court of the State of New York,
held in and for the County of Erie, Buffalo,
New York on the __ day of July 2015.
PRESENT: Hon. Donna M. Siwek, J.S.C.
Justice Presiding
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
_____________________________________________
NATIONAL FUEL GAS SUPPLY CORPORATION,
Petitioner, ORDER TO SHOW CAUSE
FOR INJUNCTIVE RELIEF
v.
GERALD AND LORI WHITTINGTON, JR., Index No.: 808103/2015
BRAD B. AND YOMAIRA V. PRUSAK,
RYAN SECORD, AND ROBERT E.
AND SHIRLEY MAMON
Respondents.
_____________________________________________
Upon the annexed affidavit of Bradden Horey, sworn to on July 8, 2015, the
affidavit of Paul Morrison-Taylor, sworn to on July 8, 2015, the amended verified petition,
sworn to on July 7, 2015, with the exhibits attached thereto; and Petitioner’s memorandum of
law, dated July 8, 2015, it is hereby
ORDERED, that Respondents show cause before this Court, at a Special Term
thereof, Part 29, to be held at the Supreme Court, Erie County, 50 Delaware Avenue, Buffalo,
New York on July ___, 2015 at _:__ a.m./p.m., or as soon thereafter as counsel may be heard,
why an Order should not be made and entered:
1. Directing Respondents to allow Petitioner, its agents, contractors and/or
employees, to enter upon the real property located at 10300 Phillips Road, Sardinia, New York
(“Whittington Property”), 1735 Lewis Road, South Wales, New York (“Prusak Property”),
10951 Holland-Glenwood Road, Colden, New York (“Secord Property”), and 10166 Darien
Road, Holland, New York (“Mamon Property,” collectively, the “Property”), between the hours
of 9 a.m. and 5 p.m. – Monday through Saturday – for the purpose of making all surveys, test
pits and other investigatory work, examination or testing, as may be necessary in connection with
Petitioner’s application to the Federal Energy Regulatory Commission for permission to
construct about 96.65 miles of new 24” natural gas pipeline, and related equipment (the
“Project”), and for the possible future acquisition by eminent domain of an easement along the
proposed pipeline route on the Property in order to construct a portion of the Project, as more
fully described in the above-referenced affidavits, the verified petition, and Petitioner’s
memorandum of law; and
2. For such other and further relief as this Court deems just and proper; and it
is further
ORDERED, that service of this Order to Show Cause, together with a copy of the
papers upon which it is granted, shall be made upon Respondents by personal delivery to their
homes at the addresses noted in the Verified Petition, and by overnight mailing a copy of those
papers to Respondents at their home addresses, both to occur on or before 5 p.m. on July __,
2015, and that such service shall be deemed good and sufficient service and in compliance with
the requirements of the CPLR; and it is further
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ORDERED, that answering papers and cross-motions, if any, shall be served
upon Petitioner’s counsel, by e-mail or personal delivery to their Buffalo, New York office, on or
before 5 p.m. on July __, 2015; and it is further
ORDERED, that reply papers, if any, shall be served on Respondents by e-mail
or personal delivery to their home, on or before 5 p.m. on July __, 2015.
ENTER:
_________________________________________
HON. DONNA M. SIWEK, J.S.C.
Doc #01-2869756.2
-3-
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At a Special Term, Part No. __ of the Supreme Court of the State of New York, held in and for the County of Erie, Buffalo, New York on the __ day of July 2015. PRESENT: Hon. Donna M. Siwek, J.S.C. Justice Presiding STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE _____________________________________________ NATIONAL FUEL GAS SUPPLY CORPORATION, Petitioner, ORDER TO SHOW CAUSE FOR INJUNCTIVE RELIEF v. GERALD AND LORI WHITTINGTON, JR., Index No.: 808103/2015 BRAD B. AND YOMAIRA V. PRUSAK, RYAN SECORD, AND ROBERT E. AND SHIRLEY MAMON Respondents. _____________________________________________ Upon the annexed affidavit of Bradden Horey, sworn to on July 8, 2015, the affidavit of Paul Morrison-Taylor, sworn to on July 8, 2015, the amended verified petition, sworn to on July 7, 2015, with the exhibits attached thereto; and Petitioner’s memorandum of law, dated July 8, 2015, it is hereby ORDERED, that Respondents show cause before this Court, at a Special Term thereof, Part 29, to be held at the Supreme Court, Erie County, 50 Delaware Avenue, Buffalo, New York on July ___, 2015 at _:__ a.m./p.m., or as soon thereafter as counsel may be heard, why an Order should not be made and entered: 1. Directing Respondents to allow Petitioner, its agents, contractors and/or employees, to enter upon the real property located at 10300 Phillips Road, Sardinia, New York (“Whittington Property”), 1735 Lewis Road, South Wales, New York (“Prusak Property”), 10951 Holland-Glenwood Road, Colden, New York (“Secord Property”), and 10166 Darien Road, Holland, New York (“Mamon Property,” collectively, the “Property”), between the hours of 9 a.m. and 5 p.m. – Monday through Saturday – for the purpose of making all surveys, test pits and other investigatory work, examination or testing, as may be necessary in connection with Petitioner’s application to the Federal Energy Regulatory Commission for permission to construct about 96.65 miles of new 24” natural gas pipeline, and related equipment (the “Project”), and for the possible future acquisition by eminent domain of an easement along the proposed pipeline route on the Property in order to construct a portion of the Project, as more fully described in the above-referenced affidavits, the verified petition, and Petitioner’s memorandum of law; and 2. For such other and further relief as this Court deems just and proper; and it is further ORDERED, that service of this Order to Show Cause, together with a copy of the papers upon which it is granted, shall be made upon Respondents by personal delivery to their homes at the addresses noted in the Verified Petition, and by overnight mailing a copy of those papers to Respondents at their home addresses, both to occur on or before 5 p.m. on July __, 2015, and that such service shall be deemed good and sufficient service and in compliance with the requirements of the CPLR; and it is further -2- ORDERED, that answering papers and cross-motions, if any, shall be served upon Petitioner’s counsel, by e-mail or personal delivery to their Buffalo, New York office, on or before 5 p.m. on July __, 2015; and it is further ORDERED, that reply papers, if any, shall be served on Respondents by e-mail or personal delivery to their home, on or before 5 p.m. on July __, 2015. ENTER: _________________________________________ HON. DONNA M. SIWEK, J.S.C. Doc #01-2869756.2 -3-