| MATTER OF THE APPLICATION OF THE DISTRICT ATTORNEY OF NIAGARA COUNTY. |
| Motion No: |
| Slip Opinion No: 2022 NY Slip Op 62124(U) |
| Decided on February 16, 2022 |
| 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, PERADOTTO, AND CARNI, JJ.
| MATTER OF THE APPLICATION OF THE DISTRICT ATTORNEY OF NIAGARA
COUNTY. |
The District Attorney of Niagara 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 denied with leave to renew.
Memorandum: The District Attorney's application for disposal excludes, inter alia, "permanent records of murder cases." The Judiciary Law, however, excludes from any disposal order "permanent records of [all] criminal cases" (Judiciary Law § 89 [2]).
Entered: February 16, 2022
Ann Dillon Flynn
Clerk of the Court