| SHARON FRANZA V DUANE C. OLIN AND BARBARA OLIN |
| Motion No: CA 09-01223 |
| Slip Opinion No: 2009 NY Slip Op 88357(U) |
| Decided on November 10, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 09-01223
| SHARON FRANZA, PETITIONER-APPELLANT, V DUANE C. OLIN AND
BARBARA OLIN, RESPONDENTS-RESPONDENTS. |
The Court having sua sponte reconsidered its order entered September 10, 2009 on this appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 26, 2009,
Now, upon reading and filing the affidavit of Terrance J. Hoffmann sworn to August 3, 2009, the notice of motion with proof of service thereof, the opposing affirmation of W. Bradley Hunt dated August 19, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that appellant give notice to the Attorney General pursuant to CPLR 1012 (b) (1) on or before November 20, 2009 of the extent to which she has challenged the constitutionality of RPAPL article 5 at Supreme Court, including a copy of the record on appeal, appellant's brief, and respondents' brief, and the Attorney General, if so advised, may file and serve a brief as intervenor-respondent on or before December 22, 2009, and
It is further ORDERED that the appeal is hereby removed from the November 30, 2009 day calendar of this Court and added to the January 27, 2010 day calendar, in Courtroom 2.
Entered: November 10, 2009
Patricia L. Morgan, Clerk