Appellate Division: Second Judicial Department

M132710

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2011-02821 Emily Pines, et al., respondents, v State of New York, appellant. (Index No. 13518/10)

DECISION & ORDER ON MOTION

Motion by the respondents to strike certain material on pages 15 through 18, 22, and 31 through 36 of the appellant's brief on an appeal from a judgment of the Supreme Court, Nassau County, entered March 16, 2011, on the ground that it refers to matter dehors the record, and to enlarge their time to serve and file a brief. Separate motion by Association of Justices of Supreme Court of State of New York, Supreme Court Justices Association of City of New York, Inc., and New York State Association of City Court Judges for leave to file an amici curiae brief on the appeal.

Upon the papers filed in support of the respondents' motion and the papers filed in opposition thereto, and upon the papers filed in support of the motion for leave to file an amici curiae brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the respondents' motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion for leave to file an amici curiae brief is granted, and the amici curiae brief must be served on the parties, and nine copies filed in this Court on or before February 17, 2012; and it is further,

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

ORDERED that the parties, if they be so advised, may file reply briefs to the amici curiae brief within 10 days after service upon them of the amicus curiae brief.

DILLON, J.P., FLORIO, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court