Appellate Division: Second Judicial Department

M38179

T/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-07272 The Tiffany at Westbury Condominium, etc., et al., plaintiffs-appellants, v Marelli Development Corp., et al., respondents, et al., defendants, John Schimenti, PC., defendant-appellant. (Appeal No. 1) 2006-00647 The Tiffany at Westbury Condominium, etc., et al., plaintiffs-respondents, v Marelli Development Corp., et al., appellants, et al., defendants, John Schimenti, PC., defendant-respondent. (Appeal No. 2) (Index No. 6919/03)

DECISION & ORDER ON MOTION

Motion by the New York State Builders Association, Inc., and the Long Island Builders Institute, Inc., on appeals from two orders of the Supreme Court, Nassau County, dated June 21, 2005 (Appellate Division Docket No. 2005-07272), and January 4, 2006 (Appellate Division Docket No. 2006-00647), respectively, for leave to file an amicus curiae brief on the appeal from the order dated January 4, 2006.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before April 21, 2006; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief.

RITTER, J.P., LUCIANO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court