Matter of Scala v Evanson
Motion No: 2010-05997
Slip Opinion No: 2010 NY Slip Op 78025(U)
Decided on July 27, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M106168

E/ct

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2010-05997, 2010-05998

In the Matter of Stephen Scala, respondent,

v Linda Evanson, appellant.

(Docket Nos. V-13756/05, V-12992/09)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated July 23, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on appeals from two orders of the Family Court, Suffolk County, both dated June 4, 2010, to unseal the transcript of the in camera interview of the respondent's daughters, Britney Scala and Kendall Scala.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the Clerk of the Family Court, Suffolk County, shall file the minutes of the in camera interview of the respondent's daughters, Britney Scala and Kendall Scala, under seal, with this court for in camera review by the panel of Justices assigned to hear the appeals and the minutes shall remain sealed upon filing, and the motion is otherwise denied.

SKELOS, J.P., LEVENTHAL, CHAMBERS and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court