Appellate Division: Second Judicial Department

M46182

C/sl

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-02763 Fair Price Medical Supply Corp., a/a/o Cesar Nivelo, respondent, v Travelers Indemnity Company, appellant. (Index No. 303418/03)

DECISION & ORDER ON MOTION

Motion by New York Insurance Association on an appeal, by permission, from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated August 17, 2005, for leave to reargue that branch of its prior motion which was for leave to file an addendum to its amicus curiae brief, which motion was determined by decision and order on motion of this court dated September 28, 2006, and to enlarge the time to serve and file the amicus brief.

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

ORDERED that the branch of the motion which is for leave to reargue is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the amicus brief is granted, the movant's amicus curiae brief must be served on the parties, and nine copies filed in this court on or before November 6, 2006; 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.

ADAMS, J.P., SKELOS, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court