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This entry was published on 2014-09-22
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Lack of record
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 45
Rule 4521. Lack of record. A statement signed by an officer or a
deputy of an officer having legal custody of specified official records
of the United States or of any state, territory or jurisdiction of the
United States, or of any court thereof, or kept in any public office
thereof, that he has made diligent search of the records and has found
no record or entry of a specified nature, is prima facie evidence that
the records contain no such record or entry, provided that the statement
is accompanied by a certificate that legal custody of the specified
official records belongs to such person, which certificate shall be made
by a person described in rule 4540.