Opinion
M-609M-608M-434M-194M-38
02-25-2020
In the Matter of the Application of Drug Policy Alliance, Petitioner-Respondent-Appellant, For a Judgment Under Article 78of the Civil Practice Law and Rules, v. New York City Tax Commission and New York City Department of Finance, Respondents-Appellants-Respondents.
An appeal and cross appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about January 8, 2019, and the appeals having been perfected, And petitioner-respondent-appellant having moved for this Court to take judicial notice of certain documents annexed to the moving papers as Exhibits B-D, and for leave to file a supplemental record to include same (M-38), And Nonprofit New York Inc. and Lawyers Alliance for New York having moved for leave to file a brief amici curiae in connection with the aforesaid appeals (M-194), And New York Civil Liberties Union Foundation having moved for leave to file a brief amicus curiae in connection with the aforesaid appeals (M-434) And respondents-appellants-respondents having cross-moved for an order granting leave to file a brief in response to Nonprofit New York Inc.'s and Lawyers Alliance for New York's amici curiae brief within thirty (30) days after such brief is filed (M-608), And respondents-appellants-respondents having cross-moved for an order granting leave to file a brief in response to New York Civil Liberties Union Foundation's amicus curiae brief within thirty (30) days after such brief is filed (M-609), 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 by petitioner-respondent-appellant for this Court to take judicial notice of certain documents annexed to the moving papers as Exhibits B-D, and for leave to file a supplemental record to include same (M-38) is denied. Sua sponte, petitioner is directed, within ten (10) days of the date hereof, to remove from its brief, filed with this Court on December 30, 2019, the full paragraph at page 24 of that brief (see M-8019, entered November 26, 2019), and It is further ordered that the motions by Nonprofit New York Inc. and Lawyers Alliance for New York (M-194), and by New York Civil Liberties Union Foundation (M-434) are granted, and the copies of the amici curiae briefs submitted to this Court with the moving papers are deemed filed, and It is further ordered that the cross-motions by respondents-appellants-respondents (M-608 and M-609) to file briefs in response to the amici curiae briefs, are denied, without prejudice to their presenting arguments addressing the amici curiae briefs in their responsive briefing and at oral argument. Sua sponte, the appeals are adjourned to the May 2020 Term.
ENTERED: February 25, 2020
__________ CLERK
Present - Hon. David Friedman, Justice Presiding, Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices
Index No. 103827/12