Appellate Division: Second Judicial Department

M292022

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2023-05873 In the Matter of Det. Gallagher Town of New Windsor Police Dept., petitioner, v D. M., respondent; Letitia James, etc., intervenor-appellant. (Index No. 2369/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated April 13, 2023. Motion by the appellant for a preference in the calendaring of the appeal. Motion by the District of Columbia and the States of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin for leave to file an amici curiae brief. Motion by the Brady Center to Prevent Gun Violence and Giffords Law Center to Prevent Gun Violence for leave to file an amici curiae brief. Motion by Alvin L. Bragg, Jr., District Attorney of New York County, Melinda Katz, District Attorney of Queens County, Michael E. McMahon, District Attorney of Richmond County, and Miriam E. Rocah, District Attorney of Westchester County, for leave to file an amici curiae brief.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that the appeal will be calendared expeditiously after all briefs have been filed; and it is further,

ORDERED that the amici curiae shall serve and file their briefs on the parties, via NYSCEF on or before November 15, 2023, and, if so advised, the parties may file reply briefs to the amici curiae briefs within 10 days after the amici curiae briefs are served; no oral argument by the amici curiae shall be permitted.

CONNOLLY, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court