Ortiz v. Supreme Court

Appellate Division of the Supreme Court of New York

Ortiz v. Supreme Court

199 A.D.2d 160, 605 N.Y.S.2d 267

Appellate Division of the Supreme Court of the State of New York·Decided December 21, 1993·Published·Cited by 2 cases

Opinion

—Application pursuant to CPLR article 78 in the nature of mandamus, seeking to direct, inter alia, the New York City Police Department to correct the petitioner’s record of previous criminal convictions with the Division of Criminal Justice Services, unanimously denied, the cross motion is granted and the petition is dismissed, without costs or disbursements.

The proceeding must be dismissed since neither the Police Department nor the Supreme Court are the custodians of the records sought to be corrected. Rather the New York State Division of Criminal Justice Services is the agency charged with the responsibility of maintaining criminal records. Concur—Rosenberger, J. P., Ross, Asch and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Application pursuant to CPLR article 78 in the nature of mandamus, seeking to direct, inter alia, the New York City Police Department to correct the petitioner’s record of previous criminal convictions with the Division of Criminal Justice Services, unanimously denied, the cross motion is granted and the petition is dismissed, without costs or disbursements.

The proceeding must be dismissed since neither the Police Department nor the Supreme Court are the custodians of the records sought to be corrected. Rather the New York State Division of Criminal Justice Services is the agency charged with the responsibility of maintaining criminal records. Concur—Rosenberger, J. P., Ross, Asch and Rubin, JJ.

Ortiz v. Supreme Court, 199 A.D.2d 160, 605 N.Y.S.2d 267 (N.Y. Ct. App. 1993).

Pincite

199 A.D.2d 160 (Ortiz v. Supreme Court) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related