Opinion
Motion No. 2021-06494 Index No. 517656/2020
04-12-2023
Nathan J. Celauro, etc., appellant, v. Roseann Celauro, etc., et al., respondents.
Unpublished Opinion
MOTION DECISION
M288378
VALERIE BRATHWAITE NELSON, J.P. JOSEPH J. MALTESE PAUL WOOTEN LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated August 4, 2021.
Motion by the appellant for leave to file stated portions of the record under seal. Motion by the respondents to substitute Roseann Celauro, as executor of the estate of John A. Celauro, for the deceased respondent John A. Celauro, to amend the caption accordingly, and in effect, to vacate the stay that arose upon the death of the respondent John A. Celauro.
Upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, and upon the papers filed in support of the respondents' motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's motion is granted to the extent that the appellant shall file a separate volume or volumes of the record or appendix containing NYSCEF Document Nos. 9 and 76, 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 appellant 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 the motion is otherwise denied; and it is further, ORDERED that the respondents' motion is granted, Roseann Celauro, as executor of the estate of John A. Celauro, is substituted for the deceased respondent John A. Celauro, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent John A. Celauro is vacated; and it is further, ORDERED that on the Court's own motion, the time to perfect the appeal is extended, and on or before May 12, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., MALTESE, WOOTEN and WAN, JJ., concur.