RESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ. MATTER OF THE APPLICATION OF THE DISTRICT ATTORNEY OF
Motion No:
Slip Opinion No: 2021 NY Slip Op 62589(U)
Decided on March 1, 2021
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.


March 1, 2021

RESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, 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 papers with respect to the motion, 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 her custody and control more than 25 years old as of January 1, 2021, specifically excluding permanent records of criminal cases, printed and bound volumes of cases on appeal and original indictments.

Entered: March 1, 2021

Mark W. Bennett

Clerk of the Court