| DAY WHOLESALE, INC., SCOTT B. MAYBEE AND SENECA NATION OF INDIANS, INTERVENOR- V STATE OF NEW YORK, ANDREW M. CUOMO, AS |
| Motion No: CA 10-01813 |
| Slip Opinion No: 2010 NY Slip Op 82219(U) |
| Decided on September 14, 2010 |
| 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: CENTRA, J. P., PERADOTTO, CARNI, LINDLEY, AND GREEN, JJ.
DOCKET NO. CA 10-01813
| DAY WHOLESALE, INC., SCOTT B. MAYBEE, PLAINTIFFS-APPELLANTS, AND
SENECA NATION OF INDIANS, INTERVENOR-PLAINTIFF, V STATE OF NEW YORK, ANDREW M. CUOMO, AS ATTORNEY GENERAL OF STATE OF
NEW YORK, JAIME WOODWARD, AS ACTING COMMISSIONER OF NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, ELIOT SPITZER, AS FORMER
ATTORNEY GENERAL OF STATE OF NEW YORK, AND DAVID WEINSTEIN, AS FORMER ASSISTANT ATTORNEY GENERAL,
DEFENDANTS-RESPONDENTS. |
American Cancer Society Cancer Action Network, et al., having moved for permission to file a brief amicus curiae on a motion for preliminary injunction filed on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 31, 2010, and for other relief,
Now, upon reading and filing the statement of Marc C. Panepinto, Esq. dated September 7, 2010, the notice of motion with proof of service thereof, the affirmation of Margaret A. Murphy, Esq. dated September 10, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion, insofar as it seeks permission to file a brief amicus curiae, is granted.
Entered: September 14, 2010
Patricia L. Morgan, Clerk