N.Y. Judiciary Law § 89: Disposition of records, books and papers; rules

§ 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.