In re Samy F.SEALED v Hon. Ralph Fabrizio etc. OP 161/18

Motion No: M-3324

Slip Opinion No: 2019 NYSlipOp 78062(U)

Decided on August 27, 2019

Appellate Division, First 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.

August 27, 2019

In re Samy F., SEALED

Petitioner,

v

Hon. Ralph Fabrizio, etc., Respondent, OP 161/18

A petition having been brought to this Courtfor a judgment pursuant to Article 78 of the Civil Practice Law and Rules in the nature of a Writ of Mandamus,And a decision and order of this Court having been entered on May 28, 2019 (Appeal No. 8235 [M-5194]) granting the petition and directing respondent Hon. Ralph Fabrizio to exercise his discretion to decide whether, under the facts and circumstances of this case, petitioner's DNA profiles and records, or any part thereof, should be expunged from the SDIS or other part of the court records, And petitioner having moved (M-3162) to amend the aforesaid decision and order of this Court entered on May 28, 2019, And nonparty respondent Darcel D. Clark, District Attorney, Bronx County, having cross moved (M-3322) for an order granting reargument of the aforesaid order of this Court, entered on

May 28, 2019, And respondent having cross moved (M-3324) for an order granting reargument of the aforesaid order of this Court, entered on May 28, 2019, Now, upon reading and filing the papers with respect to the motion and cross motions, and due deliberation having been had thereon, It is ordered that the motion to amend the order of this Court, entered on May 28, 2019 (M-3162) and the cross motions for reargument of the aforesaid order (M-3323/M-3324) are granted to the extent that the decision and order of this Court entered on May 28, 2019 (Appeal No. 8235 [M-5194]) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 8235 [M-5194], decided simultaneously herewith.) ENTERED: AUGUST 27, 2019

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Peter H. Moulton, Justices

M-3324

M-3323

M-3162

Ind. No. 3305/15