June 26, 2013
ALGONQUIN POWER INCOME FUND; ALGONQUIN POWER CORPORATION, INC.; ALGONQUIN POWER U.S. HOLDINGS, INC.; ALGONQUIN POWER FUND (CANADA), INC.; and ALGONQUIN POWER SYSTEMS, INC.; Adversary Defendants-Appellants,
CHRISTINE FALLS OF NEW YORK, INC. and TRAFALGAR POWER INC., Adversary Plaintiffs-Appellees.
JEFFREY A. DOVE, ESQ., JAMES C. THOMAN, ESQ., MENTER RUDIN & TRIVELPIECE, Syracuse, New York, Attorneys for Algonquin Power Parties.
PAUL J. YESAWICH, III, ESQ., LAURA W. SMALLEY, ESQ., HARRIS BEACH PLLC, Pittsford, New York, Attorneys for Trafalgar Power Parties.
DAVID M. CAPRIOTTI, ESQ., Syracuse, New York.
DECISION and ORDER
DAVID N. HURD, District Judge.
On January 30, 2013, the United States Court of Appeals for the Second Circuit issued a decision reversing the October 25, 2013, Memorandum-Decision and Order and remanding for entry of a judgment for Adversary Defendants-Appellants Algonquin Power Income Fund; Algonquin Power Corporation, Inc.; Algonquin Power U.S. Holdings, Inc.; Algonquin Power Fund (Canada), Inc.; and Algonquin Power Systems, Inc. Algonquin Power Income Fund v. Christine Falls of N.Y., Inc., ___ Fed.Appx. ___, 2013 WL 336002 (2d Cir. Jan. 30, 2013) (summary order), reversing & remanding, 466 B.R. 175 (N.D.N.Y. 2011). The Mandate was issued on June 24, 2013, and filed in the Northern District of New York on June 25, 2013.
In accordance with the directive of the United States Court of Appeals for the Second Circuit, it is
1. The Judgment entered on October 25, 2011, is VACATED;
2. The October 30, 2007, decision of the Bankruptcy Court is REVERSED;
3. This matter is REMANDED to the United States Bankruptcy Court for the Northern District of New York for entry of judgment in the underlying adversary proceeding in favor of Adversary Defendants-Appellants Algonquin Power Income Fund; Algonquin Power Corporation, Inc.; Algonquin Power U.S. Holdings, Inc.; Algonquin Power Fund (Canada), Inc.; and Algonquin Power Systems, Inc. and against Adversary Plaintiffs-Appellees Christine Falls of New York, Inc. and Trafalgar Power Inc.
IT IS SO ORDERED.