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In re Seventh Report

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 20, 2009
60 A.D.3d 1393 (N.Y. App. Div. 2009)

Opinion

No. KA 08-02070.

March 20, 2009.

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.

GEIGER AND ROTHENBERG, LLP, ROCHESTER (DAVID ROTHENBERG OF COUNSEL), FOR APPELLANT.

R. MICHAEL TANTILLO, SPECIAL DISTRICT ATTORNEY OF SENECA COUNTY, CANANDAIGUA, RESPONDENT PRO SE.

Present Hurlbutt, J.P., Martoche, Centra, Peradotto and Gorski, JJ.


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).


Summaries of

In re Seventh Report

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 20, 2009
60 A.D.3d 1393 (N.Y. App. Div. 2009)
Case details for

In re Seventh Report

Case Details

Full title:In the Matter of the SEVENTH REPORT OF THE SENECA COUNTY SPECIAL GRAND…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 20, 2009

Citations

60 A.D.3d 1393 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 2155
874 N.Y.S.2d 834