section 50 kept confidential (New York) · Go Syfert
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section 50 kept confidential in New York

6 New York opinions name it 5 courts 2015–2019 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
John P. v. Whalengreen
ny · 1981 · cited in 2 New York opinions naming this issue, 2017–2017
2 sentences

2017The letter informed petitioner that the information he requested was only being shared with the Advisory Panel because its members had sworn an oath of confidentiality and were operating "as an extension of [the prosecutor's] office." As a general matter, the letter went on, the documents he sought were "not available to the general public," were "confidential under Civil Rights Law § 50-b," and so were "not available to you or others who seek them under FOIL." As a ***474 member of the general public-which is, as we have long maintained, the status of anyone seeking documents under FOIL ( see

2017The letter informed petitioner that the information he requested was only being shared with the Advisory Panel because its members had sworn an oath of confidentiality and were operating "as an extension of [the prosecutor's] office." As a general matter, the letter went on, the documents he sought were "not available to the general public," were "confidential under Civil Rights Law § 50-b," and so were "not available to you or others who seek them under FOIL." As a ***474 member of the general public-which is, as we have long maintained, the status of anyone seeking documents under FOIL ( see

12
Dunnigan v. Waverly Police Departmentgreen
nyappdiv · 2001 · cited in 1 New York opinions naming this issue, 2015–2015
1 sentence

2015(See People v James, 46 Misc 3d 1219[A] , 2015 NY Slip Op 50125[U] [Sup Ct, Kings County 2015]; compare Telesford v Patterson, 27 AD3d 328 [1st Dept 2006] [where inmate seeking FOIL information on a police officer was obligated to notify police officer prior to any in camera review of personnel records]; Blanco v County of Suffolk, 2006 NY Slip Op 30583 [U], *3 [Sup Ct, Suffolk County, Nov. 9, 2006] [where party bringing civil action for assault seeking employment and internal affairs investigation records was required to give notice to officers because “police officers who are the subject of

11
Telesford v. Pattersongreen
nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2015–2015
1 sentence

2015(See People v James, 46 Misc 3d 1219[A] , 2015 NY Slip Op 50125[U] [Sup Ct, Kings County 2015]; compare Telesford v Patterson, 27 AD3d 328 [1st Dept 2006] [where inmate seeking FOIL information on a police officer was obligated to notify police officer prior to any in camera review of personnel records]; Blanco v County of Suffolk, 2006 NY Slip Op 30583 [U], *3 [Sup Ct, Suffolk County, Nov. 9, 2006] [where party bringing civil action for assault seeking employment and internal affairs investigation records was required to give notice to officers because “police officers who are the subject of

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Daily Gazette Co. v. City of Schenectady green
ny · 1999
2 sentences

2018Much like the disciplinary records shielded from disclosure in Daily Gazette , the documents at issue here are " 'the very sort of record' " presenting a potential for abusive exploitation and intended to be kept confidential under Civil Rights Law § 50-a ( Daily Gazette , 93 NY2d at 159 , quoting Prisoners' Legal Servs. , 73 NY2d at 31 ).

2018Because disclosure of the requested material in Daily Gazette presented "the risk of its use to embarrass or humiliate the officers involved," the documents remained confidential pursuant to Civil Rights Law § 50-a ( Daily Gazette , 93 NY2d at 159 ).

22018–2019
Matter of New York Civ. Liberties Union v. New York City Police Dept. green
ny · 2018
2 sentences

2019Liberties Union v New York City Police Dept. , 32 NY3d 556, 564 ; Matter of Daily Gazette Co. v City of Schenectady , 93 NY2d 145, 159 ).

2018Second, the records in these cases involved countervailing interests not implicated by disclosure of Civil Rights Law § 50-a personnel records—e.g. the trauma an individual may suffer from knowing their medical records have been disclosed, even if anonymously—that should be considered when balancing the purpose of FOIL ( Short , 57 NY2d at 406 n 3 [noting that the Court could not assume that protecting the confidentiality of the identity of{**32 NY3d at 587} patients was the exclusive motivation for the statutory exemption]).

22018–2019
Prisoners' Legal Services v. New York State Department of Correctional Services green
ny · 1988
2 sentences

2018Much like the disciplinary records shielded from disclosure in Daily Gazette , the documents at issue here are " 'the very sort of record' " presenting a potential for abusive exploitation and intended to be kept confidential under Civil Rights Law § 50-a ( Daily Gazette , 93 NY2d at 159 , quoting Prisoners' Legal Servs. , 73 NY2d at 31 ).

2018Much like the disciplinary records shielded from disclosure in Daily Gazette , the documents at issue here are " 'the very sort of record' " presenting a potential for abusive exploitation and intended to be kept confidential under Civil Rights Law § 50-a ( Daily Gazette , 93 NY2d at 159 , quoting Prisoners' Legal Servs. , 73 NY2d at 31 ).

12018–2018
Karlin v. McMahon green
ny · 2001
1 sentence

2018Short concerned a request for copies of 29 abortion records and required interpretation of three statutes that exempted medical information from disclosure, [FN3] and Karlin considered a request for records identifying a victim of sexual assault, which are confidential under Civil Rights Law § 50-b ( see Short , 57 NY2d 403 ; Karlin , 96 NY2d at 843 ).

12018–2018
Padmore v. New York City Department of Building green
nyappdiv · 2013
1 sentence

2016(See Ciaravino v City of New York, 110 AD3d at 511-512 ; Green v City of New York, 106 AD3d at 454 .) The absence of such a showing precludes respondents from establishing that they were prejudiced by any delay in learning the injury location, as is required to defeat the petition to supply that omitted information under General Municipal Law § 50-e (6).

12016–2016
Ciaravino v. City of New York green
nyappdiv · 2013
1 sentence

2016(See Ciaravino v City of New York, 110 AD3d at 511-512 ; Green v City of New York, 106 AD3d at 454 .) The absence of such a showing precludes respondents from establishing that they were prejudiced by any delay in learning the injury location, as is required to defeat the petition to supply that omitted information under General Municipal Law § 50-e (6).

12016–2016

Statutes the citing opinions construe

NY § N.Y. Civil Rights Law § 50 (6) NY § N.Y. Public Officers Law § 87 (4) NY § N.Y. Public Officers Law § 84 (3) NY § N.Y. Public Officers Law § 89 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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