even if their names will not be disclosed, the Post respectfully submits that either the Manhattan District Attorney or the Florida Prosecutors should provide notice promptly. To require the Post to notify victims itself — without any ability to discover who those victims are — would be an absurd result that defeats the purpose of the unsealing provision of section 50-b, which allows “any person” to file an application requesting that information be unsealed for “good cause.”* In sum, the strong presumption of openness that governs New York courts compels the conclusion that the appellate briefs in this action must be unsealed (with the names of any victims of a sexual offense redacted). CONCLUSION For the reasons set forth above, the Post respectfully requests an order unsealing the appellate briefs, which directs the District Attorney to provide counsel for the Post with copies of these documents, with the names of victims redacted, within seven days of the issuance of this Court’s unsealing order. Dated: New York, New York January 11, 2018 Respectfully submitted, DAVIS WRIGHT TREMAINE LLP By: _ ZF ian Robert D. Balin John M. Browning 1251 Avenue of the Americas, 21st Floor New York, NY 10020-1104 Telephone: (212) 489-8230 Facsimile: (212) 489-8340 Email: [email protected] [email protected] Attorneys for Non-Party Movant NYP Holdings, Inc. 4 In its affidavit filed in opposition to the December 21 Motion, the Manhattan District Attomey indicated that “to the extent that the Post is unable to furnish notice to the victims, this Office, which was not the prosecuting agency, is not in a position to do so.” Browning Aff. Ex. E. The Post has mooted this objection by refiling its motion and providing the Florida Prosecutors with notice of its intent to unseal the appeilate briefs with victims’ redacted. 17 481 1-3721-9459v.3 3930033-000039 HOUSE_OVERSIGHT_016504