Appellate Division: Second Judicial Department

M94889

E/sl

A. GAIL PRUDENTI, P.J.

JOSEPH COVELLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-02849 In the Matter of OxyContin II. Janet Miller, et al., respondents; Purdue Pharma Co., et al., appellants. (Index No. 700000/07)

DECISION & ORDER ON MOTION

Separate motions by Chamber of Commerce of United States of America, Product Liability Advisory Council, Inc., and Aaron D. Twerski for leave to file amicus curiae briefs on an appeal from an order of the Supreme Court, Richmond County, dated February 10, 2009. Separate motion by the respondents to enlarge their time to serve and file a brief.

Upon the papers filed in support of the motions, the papers filed in opposition to the motions for leave to file an amicus curiae brief, and the papers filed in relation to the respondents' motion to enlarge their time to serve and file a brief, it is

ORDERED that the motions for leave to file an amicus curiae briefs 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 December 14, 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 brief on or before January 22, 2010; and it is further,

ORDERED that the respondents' motion to enlarge their time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until January 22, 2010, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the appellants' reply brief, if any, shall be served and filed on or before February 16, 2010.

PRUDENTI, P.J., COVELLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court