Appellate Division: Second Judicial Department

M226700

E/mv

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2017-00382 In the Matter of Gizmodo Media Group, LLC, petitioner, v Roy S. Mahon, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner, in a proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition and mandamus, to deem the petition and all subsequent documents filed in connection with this proceeding to be filed under seal. Separate motion by the petitioner to unseal certain material filed in an action pending in the Supreme Court, Nassau County, which is the subject of a sealing order by that court, for purposes of the proceeding pursuant to CPLR article 78. Motion by plaintiff in the underlying action in the Supreme Court, Nassau County, and separate motion by the defendant in the underlying action, inter alia, pursuant to CPLR 1012 and 1013 for leave to intervene in the proceeding pursuant to CPLR article 78. Separate motion by Reporters Committee for Freedom of the Press for leave to serve and file an amicus curiae brief.

Upon the papers filed in support of the motions, no papers having been filed in opposition or in relation to the motions by the petitioner and the Reporters Committee for Freedom of the Press, and the papers filed in opposition to the motions by parties to the underlying action, it is

ORDERED that the petitioner's motion to deem the petition and all subsequent documents filed in connection with the proceeding pursuant to CPLR article 78 to be filed under seal is granted on the ground that the petition and subsequent documents are replete with references to material which is the subject of the sealing order by the Supreme Court, Nassau County, and the petition and all documents filed in connection with the proceeding, including all motion papers filed in connection with the proceeding, are deemed to be filed under seal and shall remain sealed upon filing; and it is further,

ORDERED that the petitioner's motion to unseal certain material filed in the Supreme Court, Nassau County, for purposes of the proceeding pursuant to CPLR article 78 is denied; and it is further,

ORDERED that the motions by parties to the underlying action and the Reporters Committee for Freedom of the Press are denied as academic in light of the determination of the proceeding.

LEVENTHAL, J.P., COHEN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court