Appellate Division: Second Judicial Department

M67168

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2007-04303 Margaret Godfrey, et al., appellants, v Andrew Spano, etc., et al., respondents; New York State Comptroller, nonparty- respondent. (Index No. 06-16894)

DECISION & ORDER ON MOTION

Motion by the New York State Comptroller, the New York State Department of Civil Service, and the New York State Attorney General on an appeal from an order of the Supreme Court, Westchester County, dated April 16, 2007, for leave for the New York State Comptroller to intervene or, in the alternative, file a brief as an amicus curiae, and for leave for the New York State Department of Civil Service and the New York State Attorney General to file an amici curiae brief.

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

ORDERED that the motion is granted to the extent that the New York State Comptroller is granted leave to intervene and the New York State Department of Civil Service and the New York State Attorney General are granted leave to file an amici curiae brief and the motion is otherwise denied as academic; and it is further,

ORDERED that the brief of the intervenor and amici curiae must be served on the parties, and nine copies filed in this court on or before March 18, 2008; and it is further,

ORDERED that the intervenor shall be permitted to participate in oral argument; and it is further,

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

ORDERED that the parties, if they be so advised, may file reply briefs to the intervenor and amici curiae brief within 10 days after service upon them of the intervenor and amici curiae brief.

SKELOS, J.P., ANGIOLILLO, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court