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In re Seventh Report of the Seneca County Special Grand Jury of January 2007

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 20, 2009

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.

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

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 (___ AD3d ___ [Feb. 6, 2009]).

20090320

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