IN RE: CITY OF ELMIRA et al. (2008)

Court of Appeals of New York.

IN RE: CITY OF ELMIRA et al., Respondents, v. John DOE, Appellant.

Decided: October 16, 2008

Schlather, Geldenhuys, Stumbar & Salk, Ithaca (Diane V. Bruns of counsel), for appellant. J. William O'Brien II, Corporation Counsel, Elmira (John J. Ryan, Jr., of counsel), for respondents.

OPINION OF THE COURT

The order of the Appellate Division, insofar as appealed from, should be affirmed, without costs.

In this special civil proceeding brought pursuant to CPL 160.50 to vacate a sealing order, the primary issue before this Court is whether some of the sealed materials constitute “official records” within the meaning of CPL 160.50(1)(c).* We agree with the Appellate Division that certain sealed records in this case (i.e., property tags, bags and logs showing the chain of custody of money surrendered by persons arrested by respondent, and other records generated in the investigations of those arrests) are not official records subject to a CPL 160.50 seal. Respondent's remaining argument that the Appellate Division erred in granting “resettlement and reargument” is without merit.

Order, insofar as appealed from, affirmed, without costs, in a memorandum.

Memorandum.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network