Appellate Division: Second Judicial Department

M49393

E/sl

REINALDO E. RIVERA, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-03770 7 Highland Management Corp., appellant, v Mary McCray, respondent. (Index No. SP-2275/04)

DECISION & ORDER ON MOTION

Motion by Apartment Owners Advisory Council and Building and Realty Institute of Westchester & Mid-Hudson Region (BRI), a/k/a Builders Institute, Inc., for leave to file an amicus curiae brief on an appeal from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated September 23, 2005, which modified an order of the Civil Court, City of Yonkers, Westchester County, entered September 15, 2004, and for leave to participate in oral argument of the appeal.

Upon the papers filed in support of the motion and no papers filed in opposition or relation thereto, it is

ORDERED that the branch of motion which is for leave to file an amicus curiae brief is granted, and the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before February 6, 2007; 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; and it is further,

ORDERED that the branch of motion which is for leave to participate in oral argument of the appeal is denied and no oral argument by the amicus curiae shall be permitted.

RIVERA, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court