| MATTER OF THE APPLICATION OF THE DISTRICT ATTORNEY OF ERIE COUNTY. |
| Motion No: |
| Slip Opinion No: 2019 NY Slip Op 62747(U) |
| Decided on January 3, 2019 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
| MATTER OF THE APPLICATION OF THE DISTRICT ATTORNEY OF ERIE
COUNTY. |
The District Attorney of Erie County having moved pursuant to Judiciary Law §89 (2) for leave to dispose of certain records,
Now, upon reading and filing the affidavit of John J. Flynn, Esq., sworn to December 17, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the District Attorney of Erie County may destroy or otherwise dispose of, or cause to be destroyed or otherwise be disposed of, certain records, books and papers in his custody and control more than 25 years old as of December 17, 2018, specifically excluding permanent records of criminal cases, printed and bound volumes of cases on appeal, and original indictments.
Entered: January 3, 2019
Mark W. Bennett, Clerk