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MATTER OF HOFMANN

284 A.D.2d 92 (2001)

727 N.Y.S.2d 84

In the Matter of the Estate of RENATE HOFMANN, Deceased. UNITED STATES TRUST COMPANY OF NEW YORK et al., Appellants; ROBERT S. WARSHAW et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 26, 2001.

Attorney(s) appearing for the Case

Theodore O. Rogers, Jr., of counsel (Basil P. Zirinis, III, Keith McKenna and Jack Kaplan on the brief; Sullivan & Cromwell and Carter, Ledyard & Milburn, attorneys), for appellants.

Carl Distefano of counsel (Michael Belohlavek, William Josephson and Paula Gellman on the brief; Eliot Spitzer, Attorney General, attorney), for Attorney General of the State of New York, respondent.

No appearance for remaining respondents.

SULLIVAN, P. J., TOM and MARLOW, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.

We agree with the Surrogate that, balancing the public interest in disclosure in a particular case against the benefits to be derived by the parties from confidentiality, movants, despite the parties' confidentiality agreement, have failed to make the requisite showing of good cause required by section 216.1 (a) of the Uniform Rules for New York State Trial Courts (22 NYCRR 216.1 [a])* to seal...

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