MONDAY: No decisions yet in AES cases (4:47 p.m.)

State Supreme Court Justice Richard C. Kloch Sr. hasn’t filed any decisions on the two cases before him involving AES Somerset just yet.

Kloch presided over a fraud case brought by Niagara County and the Article 78 cases against the coal-fired plant and the Niagara County Industrial Development Agency last month. In the fraud case, Kloch told the county’s attorneys he would only give more time for testimony if the they could provide evidence the IDA board was defrauded by AES in order to get the PILOT. The county clerk’s office confirmed nothing had been filed since last month.

Kloch also heard testimony in the Article 78 cases brought by the Town of Somerset, county and Barker Central School District. Those cases discussed the procedural issues of whether or not the IDA had a cost-benefit analysis and followed their universal tax exemption policy while granting AES a deviated PILOT and issues surrounding the allocation of the PILOT payments and new construction.

Town attorney Edwin Shoemaker said the IDA’s attorney has been given an additional week to respond.