| Sculti v Westchester County |
| Motion No: 2020-01114 |
| Slip Opinion No: 2020 NY Slip Op 75274(U) |
| Decided on November 25, 2020 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M274256
E/sl
WILLIAM F. MASTRO, J.P.
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
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2020-01114, 2020-08527 Christopher J. Sculti, et al., appellants, v Westchester County, et al., respondents. (Appeal No. 1) In the Matter of an Application to Unseal Grand Jury Testimony. Christopher J. Sculti, et al., petitioners-appellants; Office of the Westchester County Attorney, et al., respondents-respondents. (Appeal No. 2) (Index No. 58694/2016; Docket No. 264-2020)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Westchester County, dated December 31, 2019, and March 18, 2020, respectively. Motion by the respondents to dismiss the appeal from the order dated December 31, 2019, on the ground that the appeal has been rendered academic or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellants for an award of costs and to impose a sanction upon the respondents.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeals from the orders dated December 31, 2019, and March 18, 2020, are consolidated, and on or before December 28, 2020, the appellants shall file, via NYSCEF, a replacement record and a replacement brief with corrected covers that contain Appellate Division Docket No. 2020-08527 in addition to Appellate Division Docket No. 2020-01114 and a caption for the order dated March 18, 2020, with the parties' appellate status, and submit corrected covers for the copies of the record and the appellants' brief filed with the Clerk of the Court; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended, and on or before January 27, 2021, the respondents shall serve and file, via NYSCEF, the respondents' brief and the respondents shall file an original and five hard copies of the respondents' brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the cross motion is denied.
MASTRO, J.P., BRATHWAITE NELSON, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court