Opinion
June 8, 1995
Appeal from the County Court of Clinton County (Lewis, J.).
When this matter was previously before us ( 209 A.D.2d 900), respondent argued that there were no voting records prepared by the Grand Jury. There was, however, no evidence in the record from which we could determine whether this was indeed so. Thus, we withheld decisions on the appeals from two orders and remitted the matter to County Court for the purpose of ascertaining if the court had been provided with such documentation, from which it could have determined whether the Grand Jury report had been considered and approved by the requisite number of jurors. That court has now issued an order attesting that prior to rendering its determination, it had been furnished with the Grand Jury's voting records by the District Attorney's office, and had reviewed the same. We therefore affirm the two orders remaining before us.
Cardona, P.J., White and Casey, JJ., concur. Ordered that the orders are affirmed, without costs.