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).