Appellate Division: Second Judicial Department

M100335

E/sl

FRED T. SANTUCCI, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-08645 Raymond W. Stormes, etc., respondent, v United Water New York, Inc., et al., appellants. (Index No. 08-2282)

DECISION & ORDER ON MOTION

Motion by the North Jersey District Water Supply Commission for leave to file an amicus curiae brief on an appeal from an order of the Supreme Court, Rockland County, dated August 27, 2009, and for leave to appear at oral argument of the appeal. Application by the movant to adjourn the motion.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the application, it is

ORDERED that the application is granted to the extent that the motion was adjourned until March 19, 2010, and the application is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for leave to file an amicus curiae brief 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 March 31, 2010; 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; and it is further,

ORDERED that the branch of the motion which is for leave to appear at oral argument of the appeal is denied and no oral argument by the amicus curiae shall be permitted.

SANTUCCI, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court