IN RE: TODD C. CARVILLE (2026)

MEMORANDUM AND ORDER

It is hereby ORDERED that the petition is unanimously dismissed without costs.

Memorandum: Petitioner commenced this original CPLR article 78 proceeding seeking a writ of prohibition barring respondents from enforcing an order that, inter alia, denied the application of the Oneida County Sheriff's Office pursuant to CPL 160.50 (1) to unseal the record of a criminal action terminated in favor of respondent Kaitlyn Conley (see generally People v Conley, 234 AD3d 1363 [4th Dept 2025]). We conclude that the petition must be dismissed.

Applications to unseal a record of a terminated criminal action are civil in nature (see Matter of Katherine B. v Cataldo, 5 NY3d 196, 201 n 1 [2005]; Matter of Hynes v Karassik, 47 NY2d 659, 661 n 1 [1979], rearg denied 48 NY2d 656 [1979]; People v M.E., 121 AD3d 157, 159 [4th Dept 2014]), and an article 78 proceeding may not be brought “to challenge a determination ․ which was made in a civil action ․ unless it is an order summarily punishing a contempt committed in the presence of the court” (CPLR 7801 [2]; see Matter of Gench v Manchester Realty Assoc., 106 AD3d 735, 736 [2d Dept 2013]; Matter of Kearse v Coughlin, 151 AD2d 760, 760 [2d Dept 1989], lv denied 74 NY2d 614 [1989]; see generally Matter of Sibley v Steuben County Pistol Permit Clerk, 194 AD3d 1393, 1393 [4th Dept 2021]).

Entered: June 5, 2026

Ann Dillon Flynn

Clerk of the Court