Appellate Division: Second Judicial Department

M87122

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-00264 New York Telephone Company, plaintiff, v Supervisor of Town of North Hempstead, et al., defendants third-party plaintiffs-appellants; County of Nassau, et al., third-party defendants- respondents. (Index No. 12192/98)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated May 21, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Separate motions by (1) Verizon New York, Inc., f/k/a New York Telephone Company, Long Island Water Corporation, and KeySpan Gas East Corporation, d/b/a National Grid, (2) Glenwood-Glen Head Garbage District and Syosset Sanitation District, and (3) Nassau Suffolk School Boards Association for leave to file amici curiae briefs on an appeal from an order of the Supreme Court, Nassau County, entered December 1, 2008.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

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

ORDERED that the amici curiae briefs must be served on the parties, and nine copies filed in this court on or before June 4, 2009; and it is further,

ORDERED that no oral argument by the amici curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may file reply briefs to the amici curiae briefs within 30 days after service upon them of the amicus curiae brief.

FISHER, J.P., MILLER, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court