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 Adirondack Council, Open Space Conservancy, Adirondack Landowners Association, Adirondack Mountain Club, Residents' Committee for the Protection of the Adirondacks, Association for the Protection of the Adirondacks, Catskill Center for Conservation and Development, and Audubon New York 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,

Now, upon reading and filing the affirmation of Cheryl A. Roberts dated May 1, 2008, the affidavit of Brian Houseal sworn to April 22, 2008, the affidavit of Joseph J. Martens sworn to April 24, 2008, the affidavit of Ross Whaley sworn to April 24, 2008, the affidavit of Michael Washburn sworn to April 23, 2008, the affidavit of Neil F. Woodworth sworn to April 29, 2008, the affidavit of Albert E. Caccese sworn to April 28, 2008, the affidavit of Serge Lussi sworn to April 28, 2008, the notice of 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.

Entered: May 20, 2008

JoAnn M. Wahl, Clerk