Appellate Division: Second Judicial Department

M41036

A/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-03851 Scott Dowd, et al., plaintiffs appellants- respondents, v City of New York, defendant- respondent, Brooklyn Union Gas, defendant respondent-appellant (and a third-party action). (Index No. 15462/96)

DECISION & ORDER ON MOTION

Motion by the plaintiffs on an appeal from an order of the Supreme Court, Kings County, dated February 3, 2005, for leave to serve and file a replacement brief, or, in the alternative, to replace the table of contents, the table of authorities, and/or the preliminary statement in their brief, and application by the defendant Brooklyn Union Gas to enlarge its time to serve and file a brief.

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

ORDERED that the branch of the motion for leave to serve and file a replacement brief is granted; and it is further,

ORDERED that the plaintiffs' time to serve and file a replacement brief is enlarged until July 10, 2006, and the plaintiffs' replacement brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the application is granted, Brooklyn Union Gas shall serve and file its answering brief, including its points of argument on its cross appeal, on or before July 24, 2006 (see 22 NYCRR 670.8[c][3]), and the City of New York shall serve and file a brief in response to the brief of Brooklyn Union Gas, if any, on or before August 28, 2006; and it is further,

ORDERED that the plaintiffs shall serve and file their reply brief on or before October 2, 2006, and Brooklyn Union Gas shall serve and file its reply brief on or before November 1, 2006.

FLORIO, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court