Matter of Jourdain v Division of Housing and Community Renewal
Motion No: 2015-10508
Slip Opinion No: 2017 NY Slip Op 61744(U)
Decided on January 23, 2017
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M223488

E/ct

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2015-10508

In the Matter of Marie Jourdain, petitioner-

respondent, v Division of Housing and

Community Renewal, respondent,

Georgetown Leasing, LLC, appellant.

(Index No. 16008/14)

DECISION & ORDER ON MOTION

Motion by Division of Housing and Community Renewal on an appeal from an order of the Supreme Court, Kings County, dated July 17, 2015, for leave to reargue its prior motion, in effect, for leave to serve and file a brief in support of the petitioner-respondent or, in the alternative, for leave to serve and file an amicus curiae brief, which motion was determined by decision and order on motion of this Court dated June 27, 2016. Separate motion by Legal Services NYC and Legal Aid Society for leave to serve and file an amici curiae brief.

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

ORDERED that the motion by Division of Housing and Community Renewal is granted to the extent that reargument is granted, and upon reargument, so much of the decision and order on motion of this Court dated June 27, 2016, as denied that branch of the prior motion which was for leave to serve and file a brief is vacated, that branch of the prior motion is granted, Division of Housing and Community Renewal may serve and file its brief on or before February 6, 2017, and the motion is otherwise denied; and it is further,

ORDERED that the motion by Legal Services NYC and Legal Aid Society is granted, the amici curiae brief must be served on the parties, and nine copies filed in this Court, on or before February 6, 2017, and no oral argument by the amici curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may serve and file reply briefs to the amici curiae brief within 10 days after service upon them of the amici curiae brief, and the appellant, if it be so advised, may serve and file a brief in response to the brief of Division of Housing and Community Renewal within 10 days after service upon it of the brief of Division of Housing and Community Renewal.

LEVENTHAL, J.P., ROMAN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court