Matter of New Creek Bluebelt, Phase 4
Motion No: 2018-08422
Slip Opinion No: 2019 NY Slip Op 76067(U)
Decided on July 25, 2019
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

M264747

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2018-08422

In the Matter of New Creek Bluebelt, Phase 4.

City of New York, appellant-respondent;

Ivan Galarza, respondent-appellant.

(Index No. 4018/07)

DECISION & ORDER ON MOTION

Motion by Pacific Legal Foundation for leave to serve and file an amicus curiae brief on an appeal and a cross appeal from a judgment of the Supreme Court, Richmond County, dated March 29, 2018. Cross motion by the appellant-respondent for leave to file a brief in response to the amicus brief if this Court grants the motion.

Upon the papers filed in support of the motion by Pacific Legal Foundation and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion by the appellant-respondent and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion and the cross motion are granted; and it is further,

ORDERED that the amicus curiae brief shall be served on the parties, and one original and five duplicate hard copies, and one digital copy, of the amicus curiae brief shall be filed in this Court, on or before August 15, 2019; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief.

LEVENTHAL, J.P., ROMAN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court