Appellate Division: Second Judicial Department

M304098

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2019-09638 The People, etc., respondent, v Monty Daley, appellant. (Ind. No. 2032/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered August 7, 2019. Motion by the respondent to strike the appendix and stated portions of the appellant's brief on the ground that they contain and refer to materials subject to a protective order of the Supreme Court, Queens County, dated November 8, 2018, and to extend the time to serve and file a brief. Motion by the appellant, inter alia, to strike the respondent's reply papers in support of their motion.

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

ORDERED that the branches of the motion by the respondent which are to strike the appendix and stated portions of the appellant's brief are granted to the extent that the appellant's brief is 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, the filing entitled "Exhibits for Defendant-Appellant" is stricken, on or before May 5, 2025, the appellant shall serve and file replacement exhibit files with a separate volume under seal containing the unredacted search warrant affidavit dated March 6, 2017, the application for a protective order including the affirmation of Konstantinos Litourgis dated November 7, 2018, and the protective order of the Supreme Court, Queens County, dated November 8, 2018, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement exhibit files and upload digital copies of the replacement exhibit files, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion by respondent which is to extend the time to serve and file a brief is granted, and on or before June 4, 2025, the respondent shall serve and file the respondent's 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 it is further,

ORDERED that the motion by the appellant is denied.

CHAMBERS, J.P., CHRISTOPHER, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court