In re Patrolmen's Benevolent Association v Bill De Blasio etc. et al.

Motion No: M-1112

Slip Opinion No: 2019 NYSlipOp 69181(U)

Decided on April 30, 2019

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

April 30, 2019

In re Patrolmen's Benevolent Association

of the City of New York, Inc.,

Petitioner-Appellant,

v

Bill De Blasio, etc., et al.,

Respondents-Respondents.

- - - - - - - - - - - - - - - -

Reporters Committee for Freedom of the Press,

Hearst Corporation, The Associated Press,

Inc., Buzzfeed, Inc., Cable News Network,

Inc., The Center for Investigative Reporting,

Daily News, LP, Dow Jones & Company, Inc.,

Gannett Company, Inc., Gizmodo Media Group,

LLC, New York Public Radio, The New York

Times Company, NYP Holdings, Inc., and

Spectrum News NY1,

Amici Curiae.

Petitioner-appellant having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, the decision and order of this Court, entered on February 19, 2019 (Appeal Nos. 7913-7913A); and for continuance of the preliminary appellate injunction granted by this Court on July 3, 2018 (M-2522), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the branch of the motion seeking reargument is granted to the extent that the decision and order of this Court entered on February 19, 2019 (Appeal No. 7913-7913A) is recalled and vacated and a new decision and order substituted therefor, (see Appeal No. 7913-7913A, decided simultaneously herewith), and It is further ordered that the branch of the motion for continuance of the preliminary appellate injunction granted by this Court on July 3, 2018, is denied, and It is further ordered that the branch of the motion seeking leave to appeal to the Court of Appeals is denied. ENTERED: April 30, 2019

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Peter Tom Ellen Gesmer Cynthia S. Kern, Justices

M-1112

Index No. 150181/18