Appellate Division: Second Judicial Department

M196969

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

JOSEPH J. MALTESE, JJ.

2015-03708 The People, etc., appellant, v Center For Living at Medford, Inc., etc., et al., respondents, et al., defendants. (Ind. No. 5002/14)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated August 6, 2015, in the above-entitled action is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant to enlarge the time to perfect an appeal from an order of the County Court, Suffolk County, dated March 6, 2015, and for leave to file the briefs and the original record, including the transcript of the grand jury proceeedings, under seal. Applications by the respondents Center For Living at Medford, Inc., and David Fielding to make the caption anonymous.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's brief submitted to the Clerk of the Court is accepted for filing, under seal, and deemed timely served; and it is further,

ORDERED that the transcript of the grand jury proceedings submitted to the Clerk of the Court is accepted for filing, under seal, for in camera review by the panel of Justices hearing the appeal; and it is further,

ORDERED that any further briefs filed in connection with this appeal shall be filed under seal for in camera review by the panel of Justices hearing the appeal; and it is further,

ORDERED that the applications are denied without prejudice to making motions for the relief sought in the applications.

RIVERA, J.P., BALKIN, AUSTIN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court