Opinion
2022-60087 Motion 2021-06373
01-05-2022
In the Matter of Timothy D. Sini, etc., petitioner, v. Chris Ann Kelley, etc., et al., respondents.
Unpublished Opinion
MOTION DECISION
BETSY BARROS, J.P., CHERYL E. CHAMBERS, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.
DECISION & ORDER ON MOTION
Proceeding pursuant to CPLR Article 78 in the nature of prohibition to prohibit the respondent Chris Ann Kelley, a Justice of the Supreme Court, Suffolk County, from directing the petitioner to produce certain material, in connection with an action entitled People v Portillo, pending in the Supreme Court, Suffolk County, under Indictment No. 1064/2019. Motion by New York State Association of Police Benevolent Associations, Affiliated Police Associations of Westchester, the Suffolk County Detectives Association, and Rockland County Police Benevolent Association for leave to file an amici curiae brief. Separate motion by Nassau County District Attorney's Office for leave to file an amicus curiae brief. Separate motion by District Attorneys Association of the State of New York for leave to file an amicus curiae brief. Separate motion by Suffolk County Police Conference, Suffolk County Police Benevolent Association, Inc., and Suffolk County Detective Investigators Police Benevolent Association, Inc., for leave to file an amici curiae brief. Separate motion by Legal Aid Society of Nassau County for leave to file an amicus curiae brief. Separate motion by the Chief Defenders Association of New York, New York State Defenders Association, New York State Association of Criminal Defense Lawyers, Legal Aid Society of Westchester County, Livingston County Public Defender, Monroe County Conflict Defender's Office, Monroe County Public Defender's Office, New York County Defender Services, Oneida County Public Defender, Onondaga County Bar Association Assigned Counsel Program, Ontario County Office of the Conflict Defender, Ontario County Public Defender, Schuyler County Public Defender's Office, Bronx Defenders, Tompkins County Assigned Counsel Program, Wayne County Public Defender Office, Legal Aid Bureau of Buffalo, Inc., Broome County Public Defender's Office, Center for Appellate Litigation, and Genesee County Public Defender for leave to file an amici curiae memorandum of law. Separate motion by the Suffolk County Criminal Defense Attorneys for leave to file an amicus curiae memorandum of law and to participate in oral argument. Separate motion by the Legal Aid Society (NYC), Neighborhood Defenders of Harlem, Brooklyn Defender Services, and New York County Defender Services to file an amici curiae memorandum of law. Separate motion by the New York Civil Liberties Union for leave to file an amicus curiae memorandum of law.
Upon the papers filed in support of the motions and the papers filed in opposition and in relation thereto, it is
ORDERED that the motions are granted or granted to the extent set forth below and otherwise denied; and it is further, ORDERED that the amici curiae shall serve briefs, in a form that complies with the rules of the Appellate Division (see 22 NYCRR 1250.8), on the parties, and upload one digital copy, with proof of service thereof, through the digital portal of this Court's website, on or before January 19, 2022; the amici curiae shall not file memoranda of law; and it is further, ORDERED that no oral argument by the amici curiae shall be permitted; and it is further, ORDERED that the parties, if they be so advised, may upload one digital copy of a reply brief to the amici curiae briefs, with proof of service thereof, through the digital portal of this Court's website within 10 days after the service upon them of the last amici curiae brief.
BARROS, J.P., CHAMBERS, IANNACCI and CHRISTOPHER, JJ., concur.