Appellate Division: Second Judicial Department

M110028

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-04225, 2010-07330 Sam Futersak, etc., respondent, v Sheldon Perl, etc., et al., appellants. (Index No. 4825/09)

DECISION & ORDER ON MOTION

Motion by Real Estate Board of New York for leave to file an amicus curiae brief on appeals from an order of the Supreme Court, Nassau County, dated March 25, 2010, and a judgment of the same court dated June 28, 2010. Separate applications by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in response to the brief filed by the appellants and to enlarge the time to serve and file a reply brief to an amicus curiae brief filed by New York State Association of Realtors, Inc.

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

ORDERED that the motion is granted, and the amicus curiae brief of Real Estate Board of New York must be served on the parties, and nine copies filed in this court on or before November 18, 2010; and it is further,

ORDERED that no oral argument by the amici curiae shall be permitted; and it is further,

ORDERED that the applications are granted, and the respondent shall serve and file a brief in response to the brief filed by the appellants and in reply to the briefs of the amici curiae on or before December 2, 2010.

SKELOS, J.P., SANTUCCI, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court