In the Matter of City of Elmira v. John Doe, 3 No. 142 (N.Y. 2008)

Text

---

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

------------------------

3 No. 142

In the Matter of City of Elmira et al., Respondents, v. John Doe, Appellant.

Diane V. Bruns, for appellant.

John J. Ryan, Jr., for respondents.

MEMORANDUM:

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. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided October 16, 2008

---