An Oneida County judge has sent a case against Oswego County Clerk George Williams back to Oswego County, according to the plaintiff’s attorney Scott Chatfield.
A hearing was held last week in the Article 78 proceeding and Chatfield
said the judge ruled in favor of the county’s request to move the case
to Oswego County.
Chatfield said he didn’t understand the move.
“It was done for the convenience of witnesses but this is an Article 78
proceeding, there won’t be a trial so there won’t be any witnesses to
call,” he said.
Chatfield said while the county requested the venue change, a summary judgment was also requested.
Chatfield is representing APS Information Services, Inc., which alleges
in court papers that Williams has been unlawfully charging a fee for
criminal record searches that are not certified. The company further
alleges that Williams denies access to the records in absence of the
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.”
As the county clerk, Williams has custody of the county’s criminal court records.
The Article 78 states, “The records that the petitioner searches are all
in the public domain, albeit in the custody of the county clerks of the
various counties that the petitioner covers.”