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This entry was published on 2014-09-22
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SECTION 89
Disposition of records, books and papers; rules
Judiciary (JUD) CHAPTER 30, ARTICLE 4
§ 89. Disposition of records, books and papers; rules. 1.
Notwithstanding any other provisions of law except as hereinafter
provided, the chief administrator of the courts, with the advice and
consent of the administrative board of the courts, shall adopt rules
providing for the retention and disposition of records in all courts and
agencies of the unified court system, including records of commissioners
of jurors. Such rules shall provide, among other things, that, unless a
permanent record by microphotography or other method of microimaging
first is made and permanently retained, judgment rolls and other
records, books and papers that affect the mental illness or the sanity
or competency of any person shall be retained for at least fifty years;
and that the judgment rolls and other records, books and papers that
affect the marital rights or status or the custody or lineage of any
person and judgment rolls regardless of their age that affect title to
real property shall be retained permanently.

2. Notwithstanding any other provisions of law, the justices of the
appellate division of the supreme court in each judicial department may
on application of the district attorney of any county within its
judicial department, direct, by order, that the district attorney
destroy, sell or otherwise dispose of or cause to be destroyed, sold or
otherwise disposed of any records, books or papers in the care, custody
or control of the district attorney which are more than twenty-five
years old and are no longer in current use, the retention of which in
the opinion of the justices of the appellate division would serve no
legal, practical or useful purpose, except permanent records of criminal
cases, printed and bound volumes of cases on appeal and original
indictments. The justices of the appellate division as a condition of
such disposition may require the written consent of any state or local
department or agency having an interest in such records, books or
papers.