Appellate Division: Second Judicial Department

M52690

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO, JJ.

2006-07589 Duke Funderburke, appellant, v New York State Department of Civil Service, et al., respondents. (Index No. 6186/05)

DECISION & ORDER ON MOTION

Motion by the Attorney General of the State of New York for leave to file an amicus curiae brief on an appeal from an order of the Supreme Court, Nassau County, entered July 12, 2006. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge their time to serve and file their respective briefs.

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

ORDERED that the motion and application are 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 9, 2007; and it is further,

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

ORDERED that the respondents' time to serve and file their briefs is enlarged until April 20, 2007, and the respondents' respective briefs and replies to the amicus curiae brief must be served and filed on or before that date; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged until May 14, 2007, and the appellant's reply brief and appellant's reply to the amicus curiae brief must be served and filed on or before that date.

PRUDENTI, P.J., FISHER, LIFSON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court