Appellate Division: Second Judicial Department

M113684

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

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

DECISION & ORDER ON MOTION

Motion by District Attorneys Association of the State of New York, in effect, for leave to file a memorandum as amicus curiae in a proceeding pursuant to CPLR article 78 for a writ of prohibition. Separate motion by Ethics Institute of the New York County Lawyers Association and others, in effect, for leave to file an amici curiae memorandum in the proceeding to replace the amici curiae memorandum previously filed pursuant to a decision and order on motion of this Court dated December 13, 2010.

Upon the papers filed in support of the motions, the papers filed in relation to the motion by District Attorneys Association of the State of New York, and no papers having been filed in opposition or in relation to the motion of the Ethics Institute of the New York County Lawyers Association, it is

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

ORDERED that the memoranda attached to the motion papers are accepted for filing; 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 memorandum filed by Ethics Institute of the New York County Lawyers Association or any prior amici curiae memoranda on or before January 18, 2011; and it is further,

ORDERED that the respondent Joel L. Blumenfeld, if he be so advised, may file a reply memorandum to the memorandum filed by District Attorneys Association of the State of New York on or before January 18, 2011; and it is further,

ORDERED that no further motions by amici curiae shall be entertained if they are made returnable after February 7, 2011.

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court