Appellate Division: Second Judicial Department

M273379

E/sl

WILLIAM F. MASTRO, J.P.

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2019-12260 255 Butler Associates, LLC, respondent, v 255 Butler, LLC, appellant, et al., defendants. (Index No. 511560/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 9, 2019. Motion by the appellant to mark portions of the record that contain documents subject to a certain sealing and confidentiality order of the Supreme Court as confidential, and to mark portions of the appellant's brief that refer to those documents as confidential. Application by the respondent to mark portions of the record as confidential.

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

ORDERED that the branch of the motion which is to mark portions of the record as confidential is granted to the extent that on or before November 6, 2020, if so advised, the appellant may serve a replacement record which consists of a volume or volumes containing documents subject to the sealing and confidentiality order of the Supreme Court, and those volume or volumes of the record may not be viewed by the public, but may be viewed by the parties to the appeal, counsel appearing on their behalf, or representatives of counsel, authorized in writing to view the confidential material, and a separate volume or volumes of the record containing the remaining material filed in connection with the appeal which shall not be marked confidential, and upload a digital copy of the replacement record, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the replacement record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the branch of the motion which is to mark portions of the appellant's brief as confidential is granted to the extent that on or before November 6, 2020, if so advised, the appellant may serve a replacement appellant's brief which does not make substantive references to the documents subject to the sealing and confidentiality order of the Supreme Court, and upload a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the replacement appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the application is dismissed.

MASTRO, J.P., BRATHWAITE NELSON, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court