Matter of Seventh Report of Seneca County Special Grand Jury of Jan. 2007
2009 NY Slip Op 02155 [60 AD3d 1393]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


In the Matter of the Seventh Report of the Seneca County Special Grand Jury of January 2007. First Named Public Official, Appellant; R. Michael Tantillo, Special District Attorney of Seneca County, Respondent.

—[*1] Geiger and Rothenberg, LLP, Rochester (David Rothenberg of counsel), for appellant.

R. Michael Tantillo, Special District Attorney of Seneca County, Canandaigua, respondent pro se.

Appeal from an order of the Seneca County Court (Dennis F. Bender, J.), dated February 15, 2008. The order accepted Report Number 7 of the January 2007 Seneca County Special Grand Jury and directed the filing of the report as a public record.

It is hereby ordered that the order so appealed from is unanimously reversed on the law and the report is sealed.

Memorandum: We agree with appellant, a public official of Seneca County, that County Court erred in directing that a grand jury report be filed as a public record for the same reasons as those set forth in our decision in Matter of Second Report of Seneca County Special Grand Jury of Jan. 2007 (59 AD3d 1079 [2009]). Present—Hurlbutt, J.P., Martoche, Centra, Peradotto and Gorski, JJ.