Lawrence v. City of New York
Opinion of the Court
— In an action to recover damages for false arrest, false imprisonment and assault, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Duberstein, J.), dated August 30, 1984, as required it to turn over to the plaintiff copies of documents in Civilian Complaint Review Board file No. 1537/74.
Order affirmed, insofar as appealed from, with costs.
On October 29, 1981, the plaintiff was involved in an alter
The Legislature has codified the standards for disclosure of the material sought in this case (see, Civil Rights Law § 50-a). That section, which declares police personnel records to be confidential, provides that upon "a clear showing of facts sufficient to warrant the judge to request records for review” (Civil Rights Law § 50-a [2]), an in camera inspection is to be conducted, and if the court then determines that the personnel records contain matter that is relevant and material to the action, it shall make those parts of the record available to the party requesting disclosure (Civil Rights Law § 50-a [2], [3]; see, People v Gissendanner, 48 NY2d 543, 551).
In the instant case, Special Term properly found that the plaintiffs request for an in camera inspection by the court of the police officer’s personnel record was supported by facts which showed a reasonable likelihood that the record would contain relevant and material documents (see, People v Morales, 97 Misc 2d 733; cf. Cox v New York City Hous. Auth., 105 AD2d 663). In this regard, we note that the plaintiff did not have to specifically request disclosure of a particular document. After the in camera inspection of the personnel record of the officer, Special Term could direct disclosure of all the documents it found to be relevant and material. We therefore find no basis to disturb so much of Special Term’s order as directed disclosure of CCRB file No. 1537/74 (see,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.