Appellate Division: Second Judicial Department

M55688

S/sl

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

Motion by Joseph Bova, inter alia, for leave to file an amicus curiae brief on appeals from an amended order and judgment (one paper) of the Supreme Court, Westchester County, dated February 17, 2005, and an order of the same court entered May 6, 2005.

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

ORDERED that the branch of the motion which is for leave to file an amicus curiae brief is granted, and the motion is otherwise denied; 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 July 9, 2007; and it is further,

ORDERED that oral argument by the amicus curiae shall not be permitted; and it is further,

ORDERED that on the court's own motion its decision and order on motion of this court dated May 4, 2007, is amended by deleting the third and fourth decretal paragraphs thereof and substituting therefor the following:

"ORDERED that the brief or briefs of the parties arguing against the constitutionality of the application of the Finneran Law' at issue shall be served and filed on or before May 30, 2007, and the brief or briefs of the parties arguing in support of the constitutionality of the said application of the Finneran Law' shall be served and filed on or before June 8, 2007; and it is further,

ORDERED that the brief of the Attorney General, if any, shall be served and filed on or before July 9, 2007; and it is further";

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, and the decision and order on motion dated May 4, 2007, 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 parties, if they be so advised, may file reply briefs to the amicus curiae brief and the brief of the Attorney General, if any, on or before July 25, 2007, and the parties may file a single reply brief in response to the amicus curiae brief and the Attorney General's brief.

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

ENTER:

James Edward Pelzer

Clerk of the Court