Appellate Division: Second Judicial Department

M212818

E/sl

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2015-00370 In the Matter of Heyward D. Reed, et al., petitioners, v Demeza Delhomme, respondent.

DECISION & ORDER ON MOTION

Motion by the petitioners for leave to file certain exhibits in the form of an appendix in a proceeding pursuant to Public Officers Law § 36. Cross motion by the respondent to disqualify the petitioners' counsel, to strike stated portions of the petition and to strike the petitioners' brief on the ground they are based on confidential communications, to enlarge the time to serve and file a brief, and for an award of costs, or, in the alternative, to direct the petitioners' counsel "to reveal the names of his co-counsel," and for leave to serve and file an appendix.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to strike stated portions of the petition is denied as academic in light of the decision and order on motion of this Court dated November 30, 2015; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until July 7, 2016, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

LEVENTHAL, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court