Appellate Division: Second Judicial Department

M67950

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-09271 Dennis During, et al., appellants, v City of New Rochelle, etc., respondent. (Index No. 07-6561)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered September 10, 2007, on the ground that it has been rendered academic or to enlarge the time to serve and file a brief. Separate motion by the Dog Federation of New York for leave to file an amicus curiae brief.

Upon the papers filed in support of the motions, the papers filed in opposition to the motion to dismiss the appeal, and no papers having been filed in opposition or relation to the motion for leave to file an amicus curiae brief, it is

ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 21, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion for leave to file an amicus curiae brief is granted, and the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before April 3, 2008; and it is further,

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

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

RIVERA, J.P., SPOLZINO, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court