| Matter of Kmart Corporation v County of Westchester |
| Motion No: 2009-01470 |
| Slip Opinion No: 2009 NY Slip Op 85965(U) |
| Decided on October 15, 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
M93157
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
JOSEPH COVELLO
LEONARD B. AUSTIN, JJ.
|
2009-01470 In the Matter of Kmart Corporation, petitioner- appellant, v County of Westchester, et al., respondents. (Index No. 08-9937)
| DECISION & ORDER ON MOTION |
Motion by Retail Council of New York State for leave to file an amicus curiae brief with appendix in a hybrid proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Westchester County, dated January 13, 2009, and an appeal from so much of the order as dismissed the causes of action for a declaratory judgment.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the amicus curiae brief with appendix must be served on the parties, and nine copies filed in this court on or before October 26, 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.
RIVERA, J.P., FISHER, COVELLO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court