Matter of McCaffrey v Town of East Fishkill
Motion No: 2006-00699
Slip Opinion No: 2006 NYSlipOp 74756(U)
Decided on August 31, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M43899

J/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

DANIEL F. LUCIANO, JJ.

2006-00699

In the Matter of Jonathan R. McCaffrey, appellant,

v Town of East Fishkill, et al., respondents.

(Index No. 5093/05)

DECISION & ORDER ON MOTION

Motion by Association of Towns of the State of New York for leave to file an amicus curiae brief on an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated December 16, 2005.

Upon the papers filed in support of the motion and the papers filed in 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 September 15, 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.

MILLER, J.P., CRANE, RITTER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court