Appellate Division: Second Judicial Department

M195200

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2013-10446 Anthony Colantonio, appellant, v Paul Weinberg, etc., et al., defendants, Christine Kelly, et al., respondents. (Index No. 14085/12)

DECISION & ORDER ON MOTION

Motion by the respondents for the Court to take judicial notice of certain orders of of the Supreme Court, Nassau County, in the above-entitled action on an appeal from an order of the Supreme Court, Nassau County, dated August 20, 2013. Separate motion by the respondents to seal the appendices and briefs filed by the parties and all papers and motions filed in connection with this appeal.

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

ORDERED that the motion to take judicial notice is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to seal the appendices and briefs filed by the parties, the papers filed in connection with the respondents' prior motion to dismiss, which was determined by decision and order on motion of this Court dated December 10, 2014, and the papers filed in connection with the instant motions is granted, the appendices, briefs, and motion papers previously filed with this Court are deemed to be filed under seal and shall remain sealed in accordance with the order of the Supreme Court, Nassau County, dated August 20, 2013; and it is further, ORDERED that the branch of the motion which is to seal any future papers filed in connection with this appeal, including papers filed in connection with any future motions, is denied without prejudice to seeking that relief when such papers are filed.

LEVENTHAL, J.P., SGROI, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court