| Makara v Makara |
| Motion No: 2008-06411 |
| Slip Opinion No: 2009 NYSlipOp 66832(U) |
| Decided on March 18, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M84033
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
DANIEL D. ANGIOLILLO
RUTH C. BALKIN, JJ.
|
2008-06411, 2008-06601, 2008-07634, 2008-11426, 2008-11427 Timothy Makara, respondent, v Kelly Makara, appellant. (Appeal Nos. 1, 2, and 3) Timothy Makara, plaintiff-respondent, v Kelly Makara, defendant-appellant; Karen Khan, nonparty-appellant; Raylene Shayo, nonparty-respondent. (Appeal Nos. 4, 5) (Index No. 7305/06)
| DECISION & ORDER ON MOTION |
Motion by First Star for leave to file an amicus curiae brief on appeals from four orders of the Supreme Court, Dutchess County, dated April 8, 2008, August 8, 2008, December 3, 2008, and December 12, 2008, respectively, and a judgment of the same court dated June 10, 2008. Separate motion by the attorney for the children to be relieved and for the assignment of new counsel.
Upon the papers filed in support of the motions, the papers filed in opposition and in relation to the motion for leave to file a brief as amici curiae, and the papers filed in opposition to the motion by the attorney for the children to be relieved, it is
ORDERED that the motion for leave to file an amicus curiae brief is granted, and the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before April 2, 2009; 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; and it is further,
ORDERED that the motion by the attorney for the children to be relieved is denied without prejudice to seeking such relief in the Supreme Court, Dutchess County, and it is further,
ORDERED that the time of the attorney for the children to serve and file a brief is enlarged until April 17, 2009, and the brief shall be served and filed an or before that day.
RIVERA, J.P., SPOLZINO, ANGIOLILLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court