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1.69 MB

Extraction Summary

3
People
6
Organizations
3
Locations
3
Events
2
Relationships
4
Quotes

Document Information

Type: Legal correspondence / letter
File Size: 1.69 MB
Summary

A legal letter dated January 4, 2019, from attorney Robert D. Balin of Davis Wright Tremaine LLP to the NY Supreme Court Clerk. The letter withdraws a motion filed by the New York Post to unseal briefs in the 'People v. Epstein' case. The withdrawal is strategic, intended to address a procedural objection raised by the Manhattan District Attorney regarding failure to notify Florida prosecutors; the Post plans to refile the motion the following week after serving the necessary notice.

People (3)

Name Role Context
Robert D. Balin Attorney
Sender of the letter, representing NYP Holdings, Inc. from Davis Wright Tremaine LLP.
Epstein Defendant
Named in the case reference 'People v. Epstein'.
Clerk of Court Recipient
Official at the Supreme Court of the State of New York receiving the letter.

Organizations (6)

Name Type Context
Davis Wright Tremaine LLP
Firm sending the letter.
Supreme Court of the State of New York
Recipient institution (Appellate Division, First Department).
NYP Holdings, Inc.
Client represented by Davis Wright Tremaine LLP.
New York Post
Published by NYP Holdings, Inc., seeking to unseal briefs.
Manhattan District Attorney's office
Opposing party in the procedural dispute regarding notification.
prosecutor's offices in Florida
Entities the DA claims should have been notified.

Timeline (3 events)

2018-12-21
New York Post filed motion to unseal briefs
New York, NY
2018-12-28
Manhattan DA submitted affidavit opposing the motion based on lack of notice
New York, NY
Manhattan District Attorney
2019-01-04
Letter filed with Supreme Court Appellate Division
New York, NY

Locations (3)

Location Context
1251 Avenue of the Americas, New York, NY 10020-1104
Sender's address.
27 Madison Avenue, New York, NY 10010
Recipient's address (Supreme Court).
Location of prosecutors requiring notice.

Relationships (2)

Robert D. Balin Legal Counsel NYP Holdings, Inc.
We write on behalf of non-party movant NYP Holdings, Inc.
NYP Holdings, Inc. Corporate Ownership New York Post
NYP Holdings, Inc., publisher of the New York Post

Key Quotes (4)

"Motion to Unseal Briefs (with Names of Victims Redacted) in People v. Epstein, N.Y. Co. Index No. 30129/10"
Source
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Quote #1
"Post hereby withdraws its pending motion without prejudice and expressly reserves the right to refile the motion."
Source
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Quote #2
"That affidavit asserts that the Post was required, but failed, to provide notice of the unsealing motion to 'prosecutor's offices in Florida'"
Source
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Quote #3
"the Post will refile its motion to unseal next week and, at that time, will serve its motion papers on the relevant Florida prosecutors"
Source
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Quote #4

Full Extracted Text

Complete text extracted from the document (2,244 characters)

Davis Wright Tremaine LLP
21st Floor
1251 Avenue of the Americas
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
Clerk of Court
Supreme Court of the State of New York
Appellate Division, First Department
27 Madison Avenue
New York, NY 10010
FILED
JAN 4 2019
SUP COURT APP. DIV.
FIRST DEPT.
Re: Motion to Unseal Briefs (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 write 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 Florida" before proceeding with its motion. While the Post firmly believes that it satisfied its obligations by serving the Manhattan District Attorney's office with a copy of its unsealing motion, it wishes to avoid and moot any dispute with the District Attorney's office over whether the notice requirements of the relevant statute were met. Accordingly, the Post will refile its motion to unseal next week and, at that time, will serve its motion papers on the relevant Florida prosecutors, as well as on the parties to the appeal.
4844-9920-0645v.1 3930033-000135
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HOUSE_OVERSIGHT_016482

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