Matter of the Bd. of Trustees of Huntington Free Lib. & Reading Room
2004 NYSlipOp 00028
Decided on January 6, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on January 6, 2004
Mazzarelli, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ.
741 & M-823

[*1]In re Application of The Board of Trustees of Huntington Free Library and Reading Room, Petitioner-Appellant, For an Order, etc., The Attorney General of the State of New York, et al., Respondents-Respondents.


Madeline Provenzano, Member of the City Council of the City of New York, Amicus Curiae.


Thomas P. Battistoni
James Robert Pigott, Jr.
Daniel S. Alter
Pro Se

Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about October 23, 2002, reversed, on the law, without costs, petitioner's application granted and the stipulation of settlement approved. Motion seeking leave to file amicus curiae brief granted.

Opinion by Lerner, J. All concur except Marlow, J. who dissents in an Opinion.

Order filed.