Appellate Division: Second Judicial Department

M69263

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2007-04990 In the Matter of 105 Northgate Cooperative, et al., petitioners, v Michelle Cheney Donaldson, etc., et al., respondents. (Index No. 06-23534)

DECISION & ORDER ON MOTION

Motion by the respondent Michelle Cheney Donaldson, Commissioner, State Division of Human Rights in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated February 6, 2007, to amend the caption to add Lynn C. Russell as a party respondent.

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

ORDERED that the motion is granted and the caption is amended as set forth above; and it is further,

ORDERED that on or before May 12, 2008, the petitioners and the movant shall serve each other and Lynn C. Russell with the amended petition and the amended cross petition, respectively, and shall file the originals with the Clerk of this court; and it is further,

ORDERED that on or before May 12, 2008, (1) the petitioners shall serve the record, their main brief, and their reply brief upon Lynn C. Russell, (2) the movant shall serve her brief upon Lynn C. Russell, and (3) the petitioners and movant shall file affidavits of service with the Clerk of this court; and it is further,

ORDERED that Lynn C. Russell shall serve and file her answer, if any, on or before June 17, 2008, and the petitioners and the movant shall serve and file their replies, if any, on or before July 2, 2008; and it is further,

ORDERED that if Lynn C. Russell served and filed an answer, she shall serve and file her brief, if any, on or before August 6, 2008, and the petitioners shall serve and file their reply brief, if any, on or before August 21, 2008.

PRUDENTI, P.J., FISHER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court