PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND WHALEN, JJ.

MOTION NO. 305-14
DOCKET NO. CA 13-00761

IN THE MATTER OF RICCELLI ENTERPRISES, INC., ET AL., PETITIONERS-PLAINTIFFS-RESPONDENTS, V STATE OF NEW YORK WORKERS' COMPENSATION BOARD AND ROBERT E. BELOTEN, AS CHAIRMAN OF THE WORKERS' COMPENSATION BOARD, RESPONDENTS-DEFENDANTS-APPELLANTS.

Appellants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered May 2, 2014, and

New York Self-Insurers Association having moved for permission to be heard in support of appellants' motion for permission to appeal to the Court of Appeals,

Now, upon reading and filing the affirmation of Jeffrey W. Lang, Esq., dated June 6, 2014, the affidavit of Mary Beth Woods sworn to June 5, 2014, the affirmation of Janice M. Iati, Esq., dated June 13, 2014, the affidavit of Frederick M. Ausili sworn to June 12, 2014, the notices of motion with proof of service thereof, and the affirmation of Patricia S. Naughton, Esq., dated June 20, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that New York Self-Insurers Association's motion insofar as it seeks permission to be heard in support of appellants' motion for permission to appeal to the Court of Appeals is granted, and the affirmation of Janice M. Iati, Esq., dated June 13, 2014, and the affidavit of Frederick M. Ausili sworn to June 12, 2014, are accepted for filing for that purpose, and

It is further ORDERED that appellants' motion is denied.

Entered: July 3, 2014

Frances E. Cafarell, Clerk