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their part, Epstein’s lawyers argued that the lowest designation should be applied because “there are no real victims here.” Jd. Ex. C. In January 2011, the judge presiding over the sex-offender registration proceedings, Justice Ruth Pickholz, rejected ADA Gaffney’s arguments and designated Epstein as a level three sex offender. Epstein, 89 A.D.3d at 570, 933 N.Y.S.2d at 240. At a hearing preceding her ruling, Justice Pickholz told the Assistant District Attorney that she had “never seen the prosecutor’s office do anything like this” and further stated that she had “done many [cases] much less troubling than this one where [prosecutors] would never make a downward argument like this.” Jd. Ex. B. When ADA Gaffney was questioned about whether she knew Epstein had sexually abused other minors, Gaffney admitted that she had never spoken to the federal investigators in Florida who had reached the conclusion that Epstein was a serial abuser of underage girls. Id. Ex. C. B. The Appeal Epstein subsequently commenced this Appeal, seeking to overturn the trial court’s ruling that he is a level three sex offender. The appellate briefs submitted by Epstein and the Manhattan District Attorney were filed under seal, pursuant to New York Civil Rights Law section 50-b. /d. 4/7. That statute protects the anonymity “of any victim ofa sex offense” by requiring any “court file . .. which tends to identify such a victim” to be filed under seal. N.Y. Civ. Rights Law § 50-b(1). The statute further provides, however, that court documents filed under seal shall be disclosed if a movant “demonstrates to the satisfaction of the court that good cause exists for disclosure to that person.” /d. § 50-b(2)(b). In a decision filed on the public docket (the “Decision’’), this Court affirmed Epstein’s level three offender status because the lower “court properly relied on highly reliable proof of criminal conduct for which defendant was neither indicted nor convicted.” Epstein, 89 A.D.3d at 4 4811-3721-9459v 3 3930033-000039 HOUSE_OVERSIGHT_016491