MATTER OF THE APPLICATION OF THE DISTRICT ATTORNEY OF ERIE COUNTY.
Motion No:
Slip Opinion No: 2023 NY Slip Op 62787(U)
Decided on February 27, 2023
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.


February 27, 2023

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.

MATTER OF THE APPLICATION OF THE DISTRICT ATTORNEY OF ERIE 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 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, 2023, specifically excluding permanent records of criminal cases, printed and bound volumes of cases on appeal and original indictments.

Entered: February 27, 2023

Ann Dillon Flynn

Clerk of the Court