Arthur Kevin Berry v the New York State Department of Taxation and Finance et al.

Motion No: M-2689

Slip Opinion No: 2018 NYSlipOp 74371(U)

Decided on June 5, 2018

Appellate Division, First 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.

June 5, 2018

Arthur Kevin Berry,

Plaintiff-Appellant,

v

The New York State Department of

Taxation and Finance, et al.,

Defendants-Respondents.

An appeal having been taken to this Court by the above-named plaintiff from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about June 21, 2017, and said appeal having been perfected and calendared,And an order of this Court having been entered on April 10, 2018 (M-1385), inter alia, granting movants Brooklyn Legal Services, et al. leave to file a brief and appear amici curiae in connection with the aforesaid appeal, And the New York State Attorney General having moved for leave to file a brief amicus curiae in response to the amici curiae brief filed by Brooklyn Legal Services, et al. with respect to the order of this Court entered on April 10, 2018

(M-1385), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: June 5, 2018

_____________________ CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Peter Tom Angela M. Mazzarelli Ellen Gesmer Peter H. Moulton,Justices

M-2689

Index No. 158919/16