
    In the Matter of New York Charter School Association et al., Respondents, v M. Patricia Smith, as Commissioner of Labor, Appellant. (Proceeding No. 1.) In the Matter of Foundation for a Greater Opportunity et al., Respondents, v M. Patricia Smith, as Commissioner of Labor, et al., Appellants. (Proceeding No. 2.)
    Submitted September 8, 2009;
    decided October 27, 2009
    Reported below, 61 AD3d 1091.
   Motion by New York State Building & Construction Trades Council, AFL-CIO, for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed, and for leave to file a brief amicus curiae on the appeal herein granted, three copies of the brief to be served and an original and 24 copies filed within 30 days.  