Appellate Division: Second Judicial Department

M113208

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-09688 In the Matter of Richard Brown, etc., petitioner, v Joel L. Blumenfeld, et al., respondents.

DECISION & ORDER ON MOTION

Separate motions by the New York Civil Liberties Union and the New York Council of Defense Lawyers, in effect, for leave to file memoranda as amicus curiae in a proceeding pursuant to CPLR article 78 for a writ of prohibition.

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

ORDERED that the motions are granted; and it is further,

ORDERED that the amicus curiae memorandum attached to the supplemental affirmation of John K. White, Jr., in support of the motion by the New York Civil Liberties Union is accepted for filing; and it is further,

ORDERED that the amicus curiae memorandum of the New York Council of Defense Lawyers must be served on the parties, and filed in this court on or before January 7, 2011; and it is further,

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

ORDERED that the petitioner, if he be so advised, may file a reply memorandum to the foregoing amici curiae memoranda on or before January 17, 2011; and it is further,

ORDERED that the petitioner's time to serve and file a reply memorandum in response to the to the amici curiae memoranda authorized by a decision and order on motion dated December 13, 2010, is enlarged until January 17, 2011.

DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court