| Matter of Levy v Suffolk County District Attorney's Office |
| Motion No: 2021-05295 |
| Slip Opinion No: 2021 NY Slip Op 70489(U) |
| Decided on August 23, 2021 |
| 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
M278794
E/mb
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
PAUL WOOTEN
JOSEPH A. ZAYAS, JJ.
|
2021-05295
In the Matter of Steve Levy, appellant-respondent, v Suffolk County District Attorney's Office, respondent; Newsday, LLC, nonparty- respondent-appellant. (Index No. 609174/2021)
| DECISION & ORDER ON MOTION |
Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated July 15, 2021. Motion by the appellant-respondent to stay enforcement of the order and judgment and to stay the respondent, as well as its agents, servants, employees, nominees, or anyone working on its behalf, from disclosing the subject non-prosecution agreement dated March 23, 2011, and any and all documents related to the investigation of the appellant-respondent in his individual capacity or as Suffolk County Executive, to any individual or entity, pending hearing and determination of the appeal and cross appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, enforcement of the order is stayed and the respondent, as well as its agents, servants, employees, nominees, or anyone working on its behalf are stayed from disclosing the subject non-prosecution agreement dated March 23, 2011, and any and all documents related to the investigation of the appellant-respondent in his individual capacity or as Suffolk County Executive, to any individual or entity, pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before September 22, 2021; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 22, 2021, the Court, on its own motion, may vacate the stay, without further notice, or the respondent or the respondent-appellant may move to vacate the stay, on three days notice.
CHAMBERS, J.P., MILLER, WOOTEN and ZAYAS, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court