Appellate Division: Second Judicial Department

M107058

T/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

HOWARD MILLER

ARIEL E. BELEN, JJ.

2009-09985 In the Matter of Jonathan Headley, petitioner-respondent, v New York City Housing Authority, et al., respondents- appellants. (Index No. 23412/08)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its decision and order on motion dated July 22, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the New York City Housing Authority, Ricardo Elias Morales, and South Jamaica Houses in a proceeding pursuant to CPLR article 78 for leave to appeal to this Court from so much of an order of the Supreme Court, Queens County, entered October 15, 2009, as denied their motion to dismiss the petition.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on or before August 23, 2010, the movants shall perfect the appeal, if they be so advised, by filing a supplemental record containing any additional documents that are properly part of the record and are not contained in the record filed by Jonathan Headley in connection with the proceeding pursuant to CPLR article 78 which was transferred to this Court, and a supplemental brief containing their points of argument on the appeal; the supplemental brief may refer to the record filed by Jonathan Headley as well as the supplemental record; and it is further,

ORDERED that on or before September 22, 2010, Jonathan Headley shall serve and file a brief in response to the movants' supplemental brief, if he be so advised.

DILLON, J.P., FLORIO, MILLER and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court