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Lifetime's Legal Argument

Lifetime's Legal Argument

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Published by David Lombardo
Legal argument for airing "Romeo Killer: The Christopher Porco Story"
Legal argument for airing "Romeo Killer: The Christopher Porco Story"

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Published by: David Lombardo on Mar 20, 2013
Copyright:Attribution Non-commercial

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03/20/2013

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SUPREME COURT
OF
THE
STATE
OF
NEWYORKAPPELLATE
DIVISION,
THIRD DEPARTMENT
X
CHRISTOPHER
PORCO,
Clinton County Clerk's
Index
No.
2013/190
Plaintiff-Re
spondent,
LIFETIME
ENTERTAINMENT
SERVICES,INC.
Defendant-Appellant.
EMERGENCY
AFFIRMATION
OF
MICHAEL
J.
GRYGIEL
X
MICHAEL
J. GRYGIEL,
anattomey admitted
to
this
court,
affirms
under
penalties
of
perjury:
1.
I
am
a shareholder
in
Greenberg
Traurig,
LLP,
and counsel
in
this
proceedingto
Defendant-Appellant
Lifetime
EntertainmentServices,
Inc.
("Lifetime").
I
submit
this
affirmation
in
support
of
Lifetime's
emergency
application
to
vacate
or
stay
pending
appeal
a
temporary restraining order
entered
on
March19,2013
(the
"March
19
Order"),
pursuant
to
an
Amended Order
to
Show
Cause
issued on
that
date
by
New
York
State
Supreme
Court, ClintonCounty
(Robert
J.
Muller,
J.S.C.).
A
copy
of
the
March
19
Order is
annexed
hereto
as
Exhibit
A.
2,
The
accompanying
order
to
show
cause
is
an
emergency
because
it
seekstovacate
or
staypursuant
to
CPLR
5518 anorder
that otherwise enjoins thenational
broadcast on
March
23,
2013,
of
a
film
about
the
trial
and
conviction
of
Plaintiff-Respondent
Christopher
Porco.
The
March
19
Order is
a
classic
priorrestraint in
violation
of
the
First
Amendment
to
the
United
States
Constitution,
arrd
Article
1,
Section
8
of
the
New
York
State
Constitution,
and
otherwise
in
violation
of
law.
Lifetime
seeks
the
accompanyingorder
to
show
cause
because
absent
immediate
relief its
significantconstitutionalrights
will
be
irreparably
harmed and otherirreparable
injury
infl icted.
VS.
 
3.
In
addition,
the
injunction
against
Lifetime
was
entered
before the
Courtproperly
obtained
personal
jurisdiction
over
Lifetime.
Plaintiff
has
yet
to
serve
his
summons
and
complaint,
copies
of
which
are
annexed
hereto as
Exhibit
B.
Plaintiff s
Amended
Affidavit,
Memorandum,andProposed Order
to
Show
Cause
weremailed
to
counsel
for
Lifetime
and
receivedon
February
15,2013.
(A
copy
of
plaintiffs
application
for
injunctive
relief
is
attached
as
Exhibit
C
for
reference.)
By
letter
dated
March
4,2013,
the
lower court informed
counsel
that
Lifetime
had
until
March
11
to
respond
to
plaintiffs
motion;
in
hling
its
response,
Lifetime
notedthat
it
had
notyet
been served and
specif,rcally
reserved
its objection to
thelack
of
service,
4.
Lifetime
has
today
filed
its Notice
of
Appeal
and
Pre-Calendar Statement, and
has
served
them onPlaintiff-Respondent
by
f,rrst
class
mail,
postage
pre-paid.
A
copy
of
the
Notice
of
Appealand
Pre-Calendar Statement, as
filed
with
Supreme
Court
are
annexedhereto
as
Exhibit
D.
5.
I
have
been
unable
to
notify
Plaintiff-Respondent
of
this
request
for
emergency
relief,
or
to
seek
his
consent
to
its
entry,
because
he
is
currently
aninmateat
the
maximum
security
prison
at
Dannemora,
New
York.
Because
Lifetime
will
suffer irreparable
injury
if
the
March
19
Order
is not
stayed
pending
appeal,
and
because
the
order
is
apatentlyunconstitutional
prior
restraint
upon
speech, advance
notice
of
this
request
to
Plaintiff-Respondent should
be
waived
under the exigent circumstances
presented.
6.
No
prior
request
has
been
made
for
the
relief
sought
herein.
\
Dated:March
20,2013
Albany,
NY
2
ALB
1676573v1
J
el
 
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