IN RE: GREENIDGE GENERATION (2026)

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

IN RE: GREENIDGE GENERATION, LLC, Petitioner-Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Acting Commissioner Sean Mahar, in his Capacity as Acting Commissioner, Seneca Lake Guardian, the Committee to Preserve the Finger Lakes, and Sierra Club, Respondents-Respondents.

34 Decided: February 11, 2026

PRESENT: LINDLEY, J.P., BANNISTER, OGDEN, AND NOWAK, JJ.

BARCLAY DAMON LLP, ALBANY (YVONNE E. HENNESSEY OF COUNSEL), FOR PETITIONER-APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (BRIAN LUSIGNAN OF COUNSEL), FOR RESPONDENT-RESPONDENT NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ACTING COMMISSIONER SEAN MAHAR, IN HIS CAPACITY AS ACTING COMMISSIONER. EARTHJUSTICE, NEW YORK CITY (LISA K. PERFETTO OF COUNSEL), FOR RESPONDENTS-RESPONDENTS THE COMMITTEE TO PRESERVE THE FINGER LAKES, AND SIERRA CLUB. WHITEMAN OSTERMAN & HANNA LLP, ALBANY (PHILIP H. GITLEN OF COUNSEL), FOR RESPONDENT-RESPONDENT SENECA LAKE GUARDIAN.

ORDER

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 28, 2025,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

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