| DAY WHOLESALE, INC., AND SCOTT B. MAYBEE V STATE OF NEW YORK, ELIOT SPITZER, ATTORNEY GENERAL OF STATE OF NEW YORK AND |
| Motion No: CA 07-02540 |
| Slip Opinion No: 2008 NYSlipOp 67063(U) |
| Decided on March 18, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: HURLBUTT, J.P., SMITH, FAHEY, GREEN, AND PINE, JJ.
DOCKET NO. CA 07-02540
| DAY WHOLESALE, INC., AND SCOTT B. MAYBEE,
PLAINTIFFS-RESPONDENTS, V STATE OF NEW YORK, ELIOT SPITZER, ATTORNEY GENERAL OF STATE OF NEW YORK AND DAVID WEINSTEIN,
ASSISTANT ATTORNEY GENERAL, DEFENDANTS-APPELLANTS. |
The Saint Regis Mohawk Tribe having moved for permission to file and serve a brief amicus curiae on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 20, 2007, and respondents having cross-moved to file and serve a brief in response thereto,
Now, upon reading and filing the affidavit of Dale T. White sworn to March 6, 2008, the notice of motion with proof of service thereof, the affidavit of Andrew D. Bing sworn to
March 12, 2008, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the amicus brief is accepted for filing, and
It is further ORDERED that the cross motion be, and the same hereby is, granted on condition that the responding brief is filed and served on or before March 31, 2008, and the Clerk is directed to accept the responding brief for filing.
Entered: March 18, 2008
JoAnn M. Wahl, Clerk