Opinion
2020-06632 Index 50905/2015
06-28-2021
LEONARD B. AUSTIN, J.P. SYLVIA O. HINDS-RADIX FRANCESCA E. CONNOLLY PAUL WOOTEN, JJ.
DECISION & ORDER ON MOTION
Appeal from an interlocutory judgment of the Supreme Court, Kings County, dated February 13, 2020. Motion by the New York Civil Liberties Union Foundation for leave to file an amicus curiae brief and for leave to participate in oral argument of the appeal. Motion by the respondent to strike stated portions of the reply brief on the ground that they refer to matter dehors the record.
Upon the papers filed in support of the motion, inter alia, for leave to file an amicus curiae brief and the papers filed in relation thereto, and upon the papers filed in support of the motion to strike stated portions of the reply brief and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion by the New York Civil Liberties Union Foundation which is for leave to file an amicus curiae brief is granted, and the motion is otherwise denied; and it is further, ORDERED that on or before July 12, 2021, the New York Civil Liberties Union Foundation shall serve and file the amicus curiae brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the amicus curiae brief on the parties and upload a digital copy of the amicus curiae brief, with proof of service thereof, through the digital portal on this Court's website; 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 the service upon them of the amicus curiae brief; and it is further, ORDERED that the motion to strike stated portions of the reply brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof
AUSTIN, J.P, HINDS-RADIX, CONNOLLY and WOOTEN, JJ, concur