PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND GORSKI, JJ.

DOCKET NOS. CA 08-00896 AND CA 08-00897

IN THE MATTER OF PAUL BROWN, AS PRESIDENT OF THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO AND VICINITY, AND THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO AND VICINITY, PETITIONERS-RESPONDENTS, V COUNTY OF ERIE AND TOM GREENAUER DEVELOPMENT INC., RESPONDENTS-APPELLANTS. OPERATING ENGINEERS LOCAL 17 TRAINING FUND, INTERVENOR-RESPONDENT; ASSOCIATED BUILDERS & CONTRACTORS, INC., INTERVENOR-APPELLANT. (APPEAL NO. 1.) ——————————————————————& mdash;—————————————————————&m dash;———————- IN THE MATTER OF PAUL BROWN, AS PRESIDENT OF THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO AND VICINITY, THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO AND VICINITY, AND THE OPERATING ENGINEERS LOCAL 17 TRAINING FUND, PETITIONERS-RESPONDENTS, V COUNTY OF ERIE, TOM GREENAUER DEVELOPMENT INC., AND ASSOCIATED BUILDERS & CONTRACTORS, INC., RESPONDENTS-APPELLANTS. (APPEAL NO. 2.)

Attorney General Andrew M. Cuomo having moved for permission to file and serve a brief amicus curiae on the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 16, 2007 and February 21, 2008,

Now, upon reading and filing the affirmation of Michelle Aronowitz dated November 3,

DOCKET NOS. CA 08-00896 AND CA 08-00897

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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 and the amicus brief is accepted for filing.

Entered: December 2, 2008

JoAnn M. Wahl, Clerk