Appellate Division: Second Judicial Department

M71304

E/cb

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2007-06793 D East Acupuncture, P.C., appellant, v Allstate Insurance Co., respondent. (Index No. 75115/04)

ECISION & ORDER ON MOTION

Motion by the Superintendent of Insurance of the State of New York for leave to file an amicus curiae brief on an appeal from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated May 24, 2007. Separate motion by the respondent to enlarge the record to include the brief submitted by the Superintendent of Insurance of the State of New York to the Appellate Term, Second and Eleventh Judicial Districts, in connection with the appeal that was determined by the order dated May 24, 2007.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that on or before June 13, 2008, the respondent shall file a copy of the brief submitted by the Superintendent of Insurance of the State of New York to the Appellate Term, Second and Eleventh Judicial Districts, as an exhibit to the original papers; 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 June 13, 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., FISHER, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court