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Brady v. Ottaway Newspapers, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1985
110 A.D.2d 614 (N.Y. App. Div. 1985)

Opinion

April 1, 1985

Appeal from the Supreme Court, Orange County (Dachenhausen, J.).


Order reversed, insofar as appealed from, without costs or disbursements, and matter remitted to Special Term for an in camera inspection and other proceedings consistent herewith.

Defendants are entitled to an in camera inspection of the requested files by Special Term as they have made a showing of facts sufficient to warrant review pursuant to Civil Rights Law § 50-a. It is reasonably likely that the requested files contain information which is material and relevant to an issue raised by the plaintiffs in their complaint — damage to their future careers. Since the confidential files may well reflect on the ability of the plaintiffs to advance their police careers, an in camera disclosure is ordered ( People v. Gissendanner, 48 N.Y.2d 543; Wunsch v. City of Rochester, 108 Misc.2d 854). If, upon the in camera inspection, Special Term determines that the files in fact contain information that is material and relevant to the issue concerning plaintiffs' career potentials, it must disclose the information to defendants (Civil Rights Law § 50-a). Mollen, P.J., Titone, Lazer and Rubin, JJ., concur.


Summaries of

Brady v. Ottaway Newspapers, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1985
110 A.D.2d 614 (N.Y. App. Div. 1985)
Case details for

Brady v. Ottaway Newspapers, Inc.

Case Details

Full title:JOHN E. BRADY, JR., et al., Respondents, v. OTTAWAY NEWSPAPERS, INC., et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 1, 1985

Citations

110 A.D.2d 614 (N.Y. App. Div. 1985)

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