Matter of Rosa R.

Matter of Rosa R. 2009 NY Slip Op 08864 [68 AD3d 407] December 1, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Rosa R., a Person Alleged to be a Juvenile Delinquent, Appellant.

—[*1] Tamara A. Steckler, The Legal Aid Society, New York (Marcia Egger of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Scott Shorr of counsel), for presentment agency.

Order, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about August 26, 2008, which denied appellant's application to seal the record of her prior adjudication as a juvenile delinquent, unanimously affirmed, without costs. Appeal from order of disposition, same court (Alma Cordova, J.) entered on or about October 24, 2006, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she had committed an act which, if committed by an adult, would constitute the crime of assault, and imposed a conditional discharge, unanimously dismissed, without costs, as abandoned.

The court properly exercised its discretion in denying appellant's application made pursuant to Family Court Act § 375.2 to seal the records of her juvenile delinquency adjudication. Given the serious nature of the underlying assault, the interest of justice would not be served by sealing these records (see Matter of Carlton B., 268 AD2d 368 [2000]). Appellant's interests are adequately protected by the general confidentiality of Family Court records and the fact that juvenile delinquency adjudications do not entail civil disabilities (see Family Ct Act § 380.1). Sealing these records could potentially impede their use by law enforcement agencies for legitimate purposes in the event appellant engaged in further criminal activity. Concur—Tom, J.P., Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.