Appellate Division: Second Judicial Department

M54242

K/nl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-03677, 2005-06091 In the Matter of Robert B. Bernstein, respondent, v Paul J. Feiner, etc., et al., appellants. (Index No. 03-10944)

DECISION & ORDER ON MOTION

In a proceeding pursuant to CPLR article 78, Paul J. Feiner, as Supervisor of the Town of Greenburgh, and the Town of Greenburgh appeal from stated portions of (1) an amended order and judgment (one paper) of the Supreme Court, Westchester County (Molea, J.), dated February 17, 2005, and (2) an order of the same court, entered May 6, 2005.

Now, upon the court's own motion, it is

ORDERED that the parties are directed to file additional briefs limited to the following issue:

"Whether the application of the so-called Finneran Law' (L 1982, ch 891) in the manner asserted by the appellants is constitutional"; and it is further,

ORDERED that the clerk of this court or his designee shall serve a copy of this decision and order on motion upon the Attorney General of the State of New York by regular mail, who shall, if he be so advised, be permitted to intervene and file a brief on the appeal pursuant to CPLR 1012(b); and it is further,

ORDERED that the brief or briefs arguing against the constitutionality of the application of the Finneran Law' at issue shall be served and filed on or before May 21, 2007, and the brief or briefs arguing in support of the constitutionality of the said application of the Finneran Law' shall be served and filed on or before June 4, 2007; and it is further,

ORDERED that the matter is placed on the calendar Wednesday, June 13, 2007, at 11 o'clock in the forenoon, for oral argument on the issue set forth above; and it is further,

ORDERED that the appeals are held in abeyance in the interim.

MILLER, J.P., SPOLZINO, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court