Matter of Elvin M

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.).