Appellate Division: Second Judicial Department

M197842

J/ct

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

BETSY BARROS, JJ.

2014-00536 The People, etc., appellant, v Maureen Flowers, respondent. (Ind. No. 13-00863)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, entered November 22, 2013, for leave to reargue a prior motion by the appellant for leave to file the appellant's brief and the transcripts of the minutes of the grand jury proceedings under seal, for leave to serve a redacted version of the appellant's brief upon the respondent in the form attached as Exhibit C to the motion, and, in effect, to enlarge the time to perfect the appeal, which was determined by decision and order on motion of this Court dated October 15, 2014. Separate motion by the appellant to seal any further briefs filed by the parties in connection with this appeal, the papers filed in connection with the prior motion which was determined by decision and order on motion dated October 15, 2014, and the papers filed in connection with the motion for leave to reargue the prior motion.

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

ORDERED that the appellant's motion is granted, any further briefs filed in connection with this appeal shall be filed under seal and shall remain sealed, and the papers filed in connection with the prior motion which was determined by decision and order on motion dated October 15, 2014, as well as the papers filed in connection with the motion for leave to reargue the prior motion are deemed filed under seal and shall remain sealed; and it is further,

ORDERED that the respondent's motion is granted, and upon reargument, the decision and order on motion of this Court dated October 15, 2014, is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to file the appellant's brief and the transcripts of the minutes of the grand jury proceedings under seal on an appeal from an order of the Supreme Court, Westchester County, entered November 22, 2013, for leave to serve a redacted version of the appellant's brief upon the respondent in the form attached as Exhibit C to the motion, and, in effect, to enlarge the time to perfect the appeal.

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

ORDERED that the branches of the motion which are for leave to file the appellant's brief and the transcripts of the minutes of the grand jury proceedings under seal and, in effect, to enlarge the time to perfect the appeal are granted, the appellant's brief and the transcripts of the minutes of the grand jury proceedings submitted to the Clerk of the Court are accepted for filing, under seal, for in camera review by the panel of Justices assigned to hear the appeal, and shall remain sealed; and it is further,

ORDERED that the branch of the motion which is for leave to serve a redacted version of the appellant's brief upon the respondent in the form attached as Exhibit C to the motion is denied; and it is further,

ORDERED that on or before October 8, 2015, the appellant shall either (1) serve an unredacted copy of the appellant's brief upon the respondent and file proof of service with this Court, (2) serve and file a replacement brief, or (3) make a motion in this Court for leave to serve a limited redacted brief; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until November 12, 2015, and the respondent's brief must be filed on or before that date.

RIVERA, J.P., CHAMBERS, ROMAN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court