ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

July 13, 2019

Keeping the name and other personnel information contained in official documents disclosed to the public confidential

Supreme Court, New York County, dismissed the CPLR Article 78 petition filed by Plaintiff to annul a decision of the New York City Office of Trials and Hearings [OATH], denying Plaintiff 's request that OATH "redact his name and other personal information from any document it disclosed to the public" and order the municipal respondents to keep the OATH reports of Plaintiff and all others similarly situated confidential.


Plaintiff appealed the Supreme Court's ruling, contending that the report and recommendations issued by OATH were "confidential" within the meaning of Civil Rights Law §50-a.*

Citing Niagara Mohawk Power Corp. v New York State Department of Environmental Conservation, 169 AD2d 943, the Appellate Division dismissed Plaintiff's appeal as moot, explaining that because the report objected to by Plaintiff has been publicly available from multiple sources, including the OATH and LEXIS websites, for a considerable period of time, it could not provide Petitioner any meaningful relief.

In addition, it should be noted that with respect to the publication of reports of judicial, quasi-judicial, legislative and other official actions, §74 of New York State's Civil Rights Law provides that "A civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published." This section, however, does not apply to actions involving alleged libel contained in any matter "added by any person concerned in the publication or in the report of anything said or done at the time and place of such a proceeding which was not a part thereof."

* Civil Rights Law §50-a provides that " All personnel records used to evaluate performance toward continued employment or promotion, police officers, firefighters and correction officers are confidential."

The decision is posted on the Internet at:

CAUTION

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com