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Matter of Elvin M – Case Brief Summary (New York)

In Matter of Elvin M. (121 AD3d 624, 995 NYS2d 69 [2014]), the Appellate Division affirmed the denial of the respondent's motion to seal the record of a prior juvenile delinquency adjudication.

In determining that the Family Court "properly exercised its discretion in denying appellant's Family Court Act § 375.2 sealing application" (id. at 624), the Court observed that the respondent's delinquency adjudication was premised upon the commission of serious criminal acts as well as "appellant's participation in a gang assault while on probation" (id.).

Moreover, the Appellate Division noted that the respondent's "interests are adequately protected by the automatic general confidentiality of Family Court proceedings . . . and the additional remedy of sealing these records could potentially impede their use by law enforcement agencies for legitimate purposes in the event appellant engages in further criminal activity" (id.).