Appellate Division: Second Judicial Department

M197760

E/ct

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

COLLEEN D. DUFFY, JJ.

2015-07503 In the Matter of Application to Quash a Grand Jury Subpoena. J. T. R. (Anonymous), etc., petitioner-appellant; Adam Levy, etc., respondent-respondent (and other titles).

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant to stay enforcement of a grand jury subpoena dated July 31, 2015, in connection with a certain grand jury investigation, pending hearing and determination of an appeal from an order of the County Court, Putnam County, dated August 11, 2015, and to seal all records in connection with the appeal.

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

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

ORDERED that enforcement of the subject grand jury subpoena dated July 31, 2015, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 25, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 25, 2015, the Court, on its own motion, may vacate the stay, without further notice, or the respondent-respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent-respondent shall serve and file a brief, if any, on or before October 16, 2015; and it is further,

ORDERED that the petitioner-appellant shall serve and file a reply brief, if any, on or before October 23, 2015; and it is further,

ORDERED that all papers filed in connection with this appeal, including this motion, are sealed (see CPL 190.50[7]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court