Appellate Division: Second Judicial Department

M254975

X/rr

ALAN D. SCHEINKMAN, P.J.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2016-01333, 2016-08142 Felix Glaubach, etc., respondent, v David Slifkin, et al., defendants, John L. Miscone, et al., appellants. (Index No. 702987/15)

DECISION & ORDER ON MOTION

Appeal by the defendants John L. Miscione, John D. Calabro, Lawrence J. Waldman, and Robert E. Goff from two orders of the Supreme Court, Queens County, entered January 4, 2016, and July 15, 2016, respectively. The appellants have brought into question the constitutionality of Business Corporation Law § 1317, notice of which the Attorney General is required to receive pursuant to Executive Law § 71.

Now, on the Court's own motion, pursuant to Executive Law § 71(1), it is

ORDERED that on or before September 7, 2018, the appellants shall serve a copy of their brief on the Attorney General and shall file proof of service with the Clerk of this Court; and it is further,

ORDERED that on or before September 21, 2018, the Attorney General shall either serve and file a brief in support of the constitutionality of Business Corporation Law § 1317, if she be so advised, or notify this Court in writing that she declines to intervene on this appeal; and it is further,

ORDERED that in the event the Attorney General elects to serve and file a brief, the appellants may serve and file a brief in response on or before September 28, 2018.

SCHEINKMAN, P.J., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court