| Matter of City of Elmira v Doe |
| 2007 NY Slip Op 06177 |
| Decided on July 23, 2007 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Motion for resettlement and reargument
Upon the papers filed in support of the motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, without costs, only to the extent that the memorandum and order decided and entered April 5, 2007 is amended in the following manner:
The second sentence of the first full paragraph on page 4 should read as follows: "In particular, petitioners seek to unseal property tags, bags and logs showing the chain of custody of money surrendered by other defendants arrested by respondent, as well as other records generated in those investigations." In the fifth sentence of this same paragraph, substitute for the words "the property tags and logs" the following language: "the requested materials". In the decretal paragraph on page 5, substitute for the words "property tags and logs showing chain of custody" the following language: "preexisting documents generated in petitioners' regular course of business during its investigation of other defendants, rather than in connection with the prosecution of the criminal proceeding against respondent".
Mercure, J.P., Spain, Carpinello, Rose and Lahtinen, JJ., concur.