| In the Matter of the Application of People of the State of New York ex rel. Martin J. LaFalce on behalf of Bill Ayala |
| Motion No: M-7918 |
| Slip Opinion No: 2019 NYSlipOp 84376(U) |
| Decided on November 14, 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. |
November 14, 2019
In the Matter of the Application of
People of the State of New York ex
rel. Martin J. LaFalce on behalf of
Bill Ayala,
Petitioner,
For a Judgment Pursuant to Article 78 SEALED
of the Civil Practice Law and Rules, v Case No. 2019-4290
Hon. Abraham Clott, etc.
Respondent.
Petitioner having filed an original proceeding with this Court seeking a writ of mandamus or, in the alternative, a writ of prohibition, overturning the order of the Supreme Court, New York County (Clott, J,), dated October 18, 2019, and ordering respondent Justice to sever the hearings and trial of petitioner and his co-defendant and extend the protective order issued on September 26, 2019, which barred the People from providing certain evidence to petitioner's co-defendant, And an order by a Justice of this Court having been entered on October 21, 2019, granting petitioner's application for an interim extension of the aforesaid protective order and leave to supplement the proceeding with a hand-written filing, And petitioner having moved for an order granting a further extension of the aforesaid protective order pending the hearing and determination of the instant Article 78 proceeding and for leave to present oral argument on said Article 78 proceeding, and to file the instant motion under seal, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon, It is ordered that the motion is granted in its entirety. The papers filed with the Clerk of the Court in connection with the motion are sealed, and any additional papers filed in the proceeding shall be filed under seal and shall remain sealed upon filing. ENTERED: NOVEMBER 14, 2019
_____________________ CLERK
PRESENT: Hon. David Friedman, Justice Presiding, Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices
M-7918
Ind. No. 869/19