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In the Matter of the Seventh Report of the Seneca County Special Grand Jury of January 2007. First Named Public Official, Appellant; R. Michael Tantillo, Special District Attorney of Seneca County, Respondent

New York Supreme Court, Appellate Division2009-03-20
60 A.D.3d 1393874 N.Y.S.2d 834

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Opinion

majority opinion

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.

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 [2009]). Present — Hurlbutt, J.P., Martoche, Centra, Peradotto and Gorski, JJ.