Appellate Division: Second Judicial Department

M289614

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

PAUL WOOTEN

HELEN VOUTSINAS, JJ.

2022-04862 Jim Benjamin, plaintiff-respondent, v Robert Kahen, et al., appellants; Moussa Yeroushalmi, et al., nonparty-respondents. (Index No. 606741/2021)

DECISION & ORDER ON MOTION

2022-8381

Jim Benjamin, respondent,

v Robert Kahen, et al., appellants.

(Index No. 606741/2021)

Appeals from two orders of the Supreme Court, Nassau County, dated May 17, 2022, and September 27, 2022, respectively. Motion by the appellants, in effect, to vacate a sealing order of the Supreme Court, Nassau County, dated December 3, 2021, or, in the alternative, to file certain material under seal, and to extend the time to perfect the appeals.

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

ORDERED that the branch of the motion which is, in effect, to vacate the sealing order of the Supreme Court, Nassau County, dated December 3, 2021, is denied; and it is further,

ORDERED that the branch of the motion which is to file certain material under seal is granted to the extent that the appellants may file a separate volume or volumes of the record or appendix containing any documents that are subject to the sealing order of the Supreme Court, Nassau County, dated December 3, 2021, which shall be marked confidential, and that volume or those volumes of the record or appendix 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 the appellants shall file a separate volume or volumes of the record or appendix containing the remaining material filed in connection with the appeal which shall not be marked confidential, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted, and on or before July 21, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., BARROS, WOOTEN and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court