Matter of Oyster Bay Associates Limited Partnership v Town
Motion No: 2008-06006
Slip Opinion No: 2008 NYSlipOp 83702(U)
Decided on September 22, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M76038

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2008-06006

In the Matter of Oyster Bay Associates Limited

Partnership, et al., petitioners-respondents,

v Town Board of Town of Oyster Bay,

respondent-appellant; Birchwood Civic Association

at Jericho, Inc., et al., intervenors-appellants.

(Index No. 16830-01)

DECISION & ORDER ON MOTION

Motion by Association of Towns of State of New York for leave to file an amicus curiae brief on appeals from an order of the Supreme Court, Suffolk County, dated June 9, 2008.

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 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 October 2, 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.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court