Saturday, October 22, 2011

Hearing date set for clerk lawsuit

A judge has been assigned and a hearing date scheduled in the matter of an Article 78 proceeding filed against Oswego County Clerk George Williams.

Williams and the office of the clerk is the subject of an Article 78 legal proceeding filed by a business owner who alleges Williams has been improperly charging the public for criminal searches.

The Order to Show Cause references New York State Civil Practice Law and Rules, section 8021, which states a county clerk can charge “for certifying to a search of any records, other than those in an action or relating to real property, for a consecutive two year period or fraction thereof, for each name so searched, five dollars.”

The petitioner, APS Information Services, Inc. alleges in court papers that Williams has been unlawfully charging the fee for searches that are not certified and further alleges that Williams denies access to the records in absence of the fee.

As the county clerk, Williams has custody of the county’s criminal court records.

Attorney Scott Chatfield, who represents APS Information Services said Wednesday that Judge Norman Siegel of Oneida County has been assigned to the case and has scheduled Nov. 10 as the date for both sides to present arguments.

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