Opinion
June 9, 1995
Appeal from the Supreme Court, Erie County, Howe, J.
Present — Green, J.P., Lawton, Wesley, Davis and Boehm, JJ. (Filed May 30, 1995.)
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted an order unsealing the criminal court records of defendant Shirley Jones. Those records are relevant to plaintiff's affirmative defense of arson in the civil action brought by defendants Thomas Jones and Shirley Jones in Federal court. That action placed in issue the criminal court records of defendant Shirley Jones, and therefore she waived the privilege conferred by CPL 160.50 (see, Wright v Snow, 175 A.D.2d 451, lv dismissed 79 N.Y.2d 822; Lundell v. Ford Motor Co., 120 A.D.2d 575).