PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.

MOTION NO. 804-15
DOCKET NO. CA 14-01566

DONNA M. LATTUCA, PLAINTIFF-RESPONDENT, V JOHN M. LATTUCA, DEFENDANT-APPELLANT.

Respondent having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 19, 2015, and

Empire Justice Center having cross-moved for permission to appear as amicus curiae in support of respondent's motion for reargument of or, in the alternative, leave to appeal to the Court of Appeals, and for other relief,

Now, upon reading and filing the affidavit of Donna Marie Hartnett, Esq., sworn to July 9, 2015, the affirmation of Susan C. Antos, Esq., dated July 15, 2015, the notices of motion with proof of service thereof, and the affidavit of Richard J. Steiner, Esq., sworn to July 23, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that Empire Justice Center's motion insofar as it seeks permission to file and serve a brief amicus curiae is granted, and the proposed brief submitted with the motion is accepted in support of respondent's motion, and the motion is otherwise denied, and

It is hereby ORDERED that respondent's motion insofar as it seeks reargument of or, in the alternative, leave to appeal to the Court of Appeals is denied.

Entered: October 2, 2015

Frances E. Cafarell, Clerk