In re Rosa R.

Appellate Division of the Supreme Court of New York

In re Rosa R.

68 A.D.3d 407, 889 N.Y.2d 570

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 1, 2009

StatusPublished

Cited by4 cases

This text of 68 A.D.3d 407 (In re Rosa R.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Rosa R., 68 A.D.3d 407, 889 N.Y.2d 570 (N.Y. Ct. App. 2009).

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Opinion

The court properly exercised its discretion in denying appellant’s application made pursuant to Family Court Act § 375.2 to seal the records of her juvenile delinquency adjudication. Given the serious nature of the underlying assault, the interest of justice would not be served by sealing these records (see Matter of Carlton B., 268 AD2d 368 [2000]). Appellant’s interests are [408]*408adequately protected by the general confidentiality of Family Court records and the fact that juvenile delinquency adjudications do not entail civil disabilities (see Family Ct Act § 380.1). Sealing these records could potentially impede their use by law enforcement agencies for legitimate purposes in the event appellant engaged in further criminal activity. Concur — Tom, J.E, Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.

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The court properly exercised its discretion in denying appellant’s application made pursuant to Family Court Act § 375.2 to seal the records of her juvenile delinquency adjudication. Given the serious nature of the underlying assault, the interest of justice would not be served by sealing these records (see Matter of Carlton B., 268 AD2d 368 [2000]). Appellant’s interests are [408]*408adequately protected by the general confidentiality of Family Court records and the fact that juvenile delinquency adjudications do not entail civil disabilities (see Family Ct Act § 380.1). Sealing these records could potentially impede their use by law enforcement agencies for legitimate purposes in the event appellant engaged in further criminal activity. Concur — Tom, J.E, Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.

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Bluebook (online)

68 A.D.3d 407, 889 N.Y.2d 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rosa-r-nyappdiv-2009.

Opinion

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