House Oversight OCR Search

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION — FIRST DEPARTMENT —m—ae_a ee eee eee Kr wr ew eee eee eee eee ewe ee ee eee THE PEOPLE OF THE STATE OF NEW YORK, : App. Div. No. 6081 Respondent, On Appeal from New York Supreme Court, New York County, Index No. 30129/10 - against - (Pickholz, J.) JEFFREY E. EPSTEIN, Defendant-Appellant. ee ee MEMORANDUM OF LAW IN SUPPORT OF MOTION BY NYP HOLDINGS, INC TO UNSEAL APPELLATE BRIEFS DAVIS WRIGHT TREMAINE LLP Robert D. Balin John M. Browning 1251 Avenue of the Americas, 21st Floor New York, New York 10020-1104 Telephone: (212) 603-6410 Counsel for Non-Party Movant NYP Holdings, Inc. 4811-372 1-9459y.3 3930033-000039 HOUSE_OVERSIGHT_016484

eo Tremai Ne LLP New York, NY 10020-1104 Robert D. Balin (212) 489-8230 tel (212) 489-8340 fax robbalin@dwt.com January 4, 2019 VIA HAND DELIVERY eed Clerk of Court pn 4, UY Supreme Court of the State of New York . . APP. pW: Appellate Division, First Department os cous est. 27 Madison Avenue SUE Eee! New York, NY 10010 Re: Motion to Unseal Bnefs (with Names of Victims Redacted) in People v. Epstein, N.Y. Co. Index No. 30129/10 (Appellate Division No. 6081 Dear Sir or Madam: We wnte on behalf of non-party movant NYP Holdings, Inc., publisher of the New York Post (the “Post”), to withdraw the motion filed by the Post on December 21, 2018 seeking an order to unseal the briefs submitted by the parties in the above-captioned appeal (with the names of victims redacted). Pursuant to NYCRR § 1250.2, we write to inform the Court that the Post hereby withdraws its pending motion without prejudice and expressly reserves the right to refile the motion. See NYCRR § 1250.2(a) (“Withdrawal of Motion. A moving party may file a written request to withdraw a motion at any time prior to its determination”). The Post intends to refile its motion for an order unsealing the briefs (with appropriate redactions), but has withdrawn its pending motion in response to an affidavit submitted by the office of the Manhattan District Attorney on December 28, 2018. That affidavit asserts that the Post was required, but failed, to provide notice of the unsealing motion to “prosecutor’s offices in Flo