THE PEOPLE V MARY ELIZABETH SCHOONMAKER
Motion No: KA 10-01605
Slip Opinion No: 2010 NY Slip Op 90206(U)
Decided on December 2, 2010
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


December 2, 2010

PRESENT: SCUDDER, P.J., CARNI, LINDLEY, PINE, AND GORSKI, JJ.

KA 10-01605
Indictment No: 10-0156

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,

V

MARY ELIZABETH SCHOONMAKER, DEFENDANT-RESPONDENT.


Appellant having moved to seal the record for the appeal taken from an order of the Cayuga County Court, entered January 13, 2010,

Now, upon reading and filing the affirmation of George F. Hildebrandt, Esq. dated October 25, 2010, the notice of motion with proof of due service thereof, the affidavit of Christopher T. Valdina, Esq. sworn to October 29, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary.

Memorandum: This Court will take judicial notice of the Cayuga County Court order dated December 17, 2009 (see eg Turnmire v Concrete Applied Technologies Corp., 56 AD3d 1125). Moreover, the record is deemed confidential pursuant to Civil Rights Law § 50-b(1).

Entered: December 2, 2010

Patricia L. Morgan, Clerk