Appellate Division: Second Judicial Department

M69573

E/cb

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-07303 In the Matter of Chris Brown, respondent, v New York State Racing & Wagering Board, et al., appellants. (Index No. 12103/06)

DECISION & ORDER ON MOTION

Motion by the New York State Veterinary Medical Society for leave to file an amicus curiae brief on an appeal from an order of the Supreme Court, Nassau County, dated July 11, 2007, and, in effect, for leave to annex exhibits to the brief. Cross motion by the respondent for leave to respond to the amicus curiae brief in the event that leave is granted.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, it is

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

ORDERED that the branch of the motion which is for leave to annex exhibits to the brief is granted to the extent that the amicus curiae brief may contain and refer to the Guidelines for Practice of Veterinary Medicine and Veterinary Technology in New York State annexed to the proposed amicus curiae brief submitted in connection with this motion, and that branch of 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 May 9, 2008; and it is further,

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

ORDERED that the cross motion is granted and 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., RITTER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court