| Matter of Giancola v Middleton |
| Motion No: 2008-11330 |
| Slip Opinion No: 2009 NY Slip Op 85024(U) |
| Decided on October 2, 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
M92685
E/sl
STEVEN W. FISHER, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
|
2008-11330 In the Matter of Fred Giancola, et al., appellants, v James Middleton, et al., respondents. (Index No. 87322/06)
| DECISION & ORDER ON MOTION |
Motion by Fifth Avenue Committee for leave to file an amicus curiae brief on an appeal from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated August 19, 2008, which affirmed an order of the Civil Court of the City of New York, Kings County, entered April 3, 2007.
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 16, 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 serve and file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief.
FISHER, J.P., ANGIOLILLO, ENG and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court