PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, AND LUNN, JJ.

DOCKET NO. CA 08-00611

JOHN C. DILLENBURG, III, PLAINTIFF-RESPONDENT, V STATE OF NEW YORK, GEORGE E. PATAKI, GOVERNOR, NEW YORK STATE LEGISLATURE, SHELDON SILVER, ASSEMBLY SPEAKER, JOSEPH L. BRUNO, PRESIDENT PRO TEMPORE, AND OFFICE OF COMPTROLLER, ALAN G. HEVESI, COMPTROLLER, DEFENDANTS-APPELLANTS.

The Counties of Warren, Essex, Lewis, Hamilton, Washington, Saratoga, Franklin, Herkimer and St. Lawrence having moved for permission to file and serve a brief amicus curiae on the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on November 19, 2007, and for other relief, and respondent having cross-moved for an extension of time to file and serve its brief,

Now, upon reading and filing the affirmation of James L. Sonneborn dated April 3, 2008, the affidavit of Roger A. Wickes sworn to March 18, 2008, the affidavit of Daniel T. Manning, III sworn to March 12, 2008, the affidavit of Charles R. Getty, Jr. sworn to April 2, 2008, the affidavit of Paul B. Dusek sworn to April 2, 2008, the affidavit of Richard J. Graham sworn to April 2, 2008, the notice of motion with proof of service thereof, the affirmation of Michael K. Bobseine dated April 7, 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 to the extent that the amicus brief may be filed and served on or before June 13, 2008, and the Clerk is directed to accept the brief for filing, and the motion is otherwise denied,

It is further ORDERED that the cross motion be, and the same hereby is, granted on condition that respondent's brief is filed and served on or before June 30, 2008, and the Clerk is directed to accept the brief for filing.

Entered: May 14, 2008

JoAnn M. Wahl, Clerk