Supreme Court of the State of New York, Appellate Division : Second Judicial Department

May 11, 2026

2024-03828, 1604/2004

Cheryl E. Chambers, J.P.

Carl J. Landicino

Donna-Marie E. Golia

Phillip Hom, JJ.

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DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 23, 2024, issued pursuant to CPL 440.47. Motion by the appellant to seal the record. Motion by the respondent for a new briefing schedule.

Upon the papers filed in support of the motion by the appellant and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the respondent and the papers filed in relation thereto, it is

ORDERED that the motion by the appellant is granted to the extent that the original papers and briefs are marked confidential and may not be viewed by the public, but may be viewed by the parties to the proceeding, counsel appearing on their behalf, or representatives of counsel, authorized in writing to view the confidential material, and is otherwise denied; and it is further,

ORDERED that the motion by the respondent is granted to the extent that the time for the respondent to serve and file a brief is extended, and on or before June 10, 2026, the respondent shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website, and is otherwise denied.

CHAMBERS, J.P., LANDICINO, GOLIA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court