Matter of Giancola v Whitman
Motion No: 2008-11334
Slip Opinion No: 2009 NY Slip Op 88456(U)
Decided on November 12, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M94324

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2008-11334

In the Matter of Fred Giancola, et al., appellants,

v Deborah Whitman, et al., respondents.

(Index No. 87321/06)

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 November 23, 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., MILLER, DICKERSON and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court