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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

[People v. Diaz] New York County Supreme Court Vacates Order to Unseal a Criminal File in Eviction Proceeding (2007)

  • Organization: Supreme Court of the State of New York, County of New York
  • Date Created: Tuesday, January 31, 2006
  • Submitted: Monday, February 05, 2007
  • Attachment(s): DOC

Decision by Judge Soloff in New York County holds that pursuant to statute (CPL 160.05) an unsealing order must be sought by a law enforcement agency and the request for unsealing must be one that "justice requires". She held that neither prong is met when the DA seeks to unseal a file of a case it failed to successfully prosecute so that an eviction action can be instituted. This decision should be very helpful to clients facing DA instituted drug related evictions as well as NYCHA termination hearings based on drug-related allegations. In both contexts sealed files are frequently "unsealed" for prosecution of eviction actions.

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