Gartenberg v. Mellan

OPINION OF THE COURT

James F. Niehoff, J.

In this proceeding under CPLR article 78, petitioner seeks judgment pursuant to the provisions of CPL 160.50 requiring respondent (a) to order the return of his fingerprints, palmprints and photographs and (b) to order the sealing of all official records relating to his arrest.

The facts are not in dispute.

The petitioner Neal J. Gartenberg was arrested by the Nassau County Police Department on January 17, 1978 and charged with two misdemeanors, to wit: (1) fraud and deceit in violation of section 3397 (subd 1, par [a], cl [iii]) of the Public Health Law…