Appellate Division: Second Judicial Department

M134836

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2011-11567 ACG Credit Company II, LLC, respondent, v Veronica Hearst, appellant, et al., defendant. (Index No. 10-5915)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, entered November 22, 2011, to seal the record or appendix on appeal, or, in the alternative, to direct the appellant to file under seal portions of the record or appendix which were submitted under seal to the Supreme Court, Westchester County, pursuant to a confidentiality order of the same court entered January12, 2011.

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

ORDERED that the branch of the motion which is to file certain portions of the record or appendix under seal is granted, and the appellant shall file a separate volume of the record or appendix containing Exhibits H, J, K, L, M, and N annexed to the affidavit of Matthew Cuomo, dated October 19, 2011, under seal, in the office of the Clerk of the Court, for in camera review by the panel of Justices assigned to the appeal, and the separate volume of the record or appendix containing those exhibits shall remain sealed upon filing; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., DICKERSON, BELEN and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court