Opinion
M-3324 M-3323 M-3162
08-27-2019
In re Samy F., SEALED Petitioner, v. Hon. Ralph Fabrizio, etc., Respondent, OP 161/18
A petition having been brought to this Courtfor a judgment pursuant to Article 78 of the Civil Practice Law and Rules in the nature of a Writ of Mandamus,And a decision and order of this Court having been entered on May 28, 2019 (Appeal No. 8235 [M-5194]) granting the petition and directing respondent Hon. Ralph Fabrizio to exercise his discretion to decide whether, under the facts and circumstances of this case, petitioner's DNA profiles and records, or any part thereof, should be expunged from the SDIS or other part of the court records, And petitioner having moved (M-3162) to amend the aforesaid decision and order of this Court entered on May 28, 2019, And nonparty respondent Darcel D. Clark, District Attorney, Bronx County, having cross moved (M-3322) for an order granting reargument of the aforesaid order of this Court, entered on May 28, 2019, And respondent having cross moved (M-3324) for an order granting reargument of the aforesaid order of this Court, entered on May 28, 2019, Now, upon reading and filing the papers with respect to the motion and cross motions, and due deliberation having been had thereon, It is ordered that the motion to amend the order of this Court, entered on May 28, 2019 (M-3162) and the cross motions for reargument of the aforesaid order (M-3323/M-3324) are granted to the extent that the decision and order of this Court entered on May 28, 2019 (Appeal No. 8235 [M-5194]) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 8235 [M-5194], decided simultaneously herewith.)
ENTERED: AUGUST 27, 2019
__________ CLERK
PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Peter H. Moulton, Justices
Ind. No. 3305/15