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Constitutional - State Statute | New York Northern
Order on Motion to File Amicus Brief
TEXT ORDER: Before the Court are three motions to file amicus briefs (the "Amici's Motions"), on behalf of the New York State Building and Construction Trades Council and the Building and Construction Trades Council of Greater New York & Vicinity, see Dkt. No. 37 , the International Association of Sheet Metal, Air, Rail and Transportation Workers, see Dkt. No. 38 , and the Plumbers and Gasfitters Local Union No. 1, see Dkt. No. 39 . Also before the Court is Plaintiff's motion regarding the Amici's Motions, see Dkt. No. 45 , and Defendants' response in support of the Amici's Motions, see Dkt. No. 47 . Plaintiff does not oppose a grant of the Amici's Motions for consideration in connection with Plaintiff's motion for a preliminary injunction, see Dkt. No. 15 , but Plaintiff contends it would be improper for the Court to consider them in connection with Defendants' motion to dismiss, see Dkt. No. 33 . Dkt. No. 45 at 1. Defendants support a grant of the Amici's Motions "to assist the Court [with] assess[ing] both motions." Dkt. No. 47 at 1. Because the Amici's Motions themselves are unopposed, and because the Court agrees with the parties that it is free to consider them in relation to the motion for a preliminary injunction, the Amici's Motions, Dkt. Nos. 37 , 38 , 39 , are GRANTED. See Fed. R. App. P. 29(a)(2); Police Benevolent Assn of City of New York, Inc. v. City of New York, 2026 WL 2111872, at *1 (S.D.N.Y. July 22, 2026) ("District courts have broad discretion to permit or deny the appearance of amici curiae in a given case.") (internal quotation omitted). But because the parties dispute whether it is "inappropriate" for the Court to consider the Amici's Motions in connection with the motion to dismiss, Dkt. No. 45 at 2, the Court reserves judgment on that issue. SO ORDERED by U.S. District Judge Anne M. Nardacci on 9/2/2026. (mab)
Response in Support of Motion
RESPONSE in Support re 38 Motion to File Amicus Brief, 37 Motion to File Amicus Brief, 39 Motion to File Amicus Brief, 45 Letter Request/Motion,, Response to Plaintiffs' 8/28/26 letter filed by Kathleen Hochul. (Kupferberg, Seth)
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