New York State Court of Claims

New York State Court of Claims

REYNOLDS v. THE STATE OF NEW YORK, #2006-009-071, Claim No. 106738, Motion No. M-69983


Synopsis


Following an in camera review, claimant’s request for disclosure of the personnel file for a State trooper was denied.

Case Information

UID:
2006-009-071
Claimant(s):
DAVID M. REYNOLDS
Claimant short name:
REYNOLDS
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106738
Motion number(s):
M-69983
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
ROBERT L. BURKWIT, ESQ.
Defendant’s attorney:
HON. ELIOT SPITZER
Attorney General
BY: Ed J. Thompson, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant’s attorney:

Signature date:
December 4, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Pursuant to this Court’s prior Decision and Order filed October 3, 2005, defendant produced,


for an in camera review, a copy of the personnel files for Trooper Thomas Connor maintained by


the New York State Police. The files forwarded to this Court consisted of those maintained by the


Internal Affairs Bureau, Zone Headquarters, and Troop Headquarters, as well as Trooper Connor’s


Station File, Division Personnel Jacket, and Troop Headquarters Jacket, and were separately labelled


as such.

The Court has now completed its review of these files, as well as the relevant authority governing disclosure. After an extensive and comprehensive review, this Court finds that no information contained therein bears any relevance whatsoever to the allegations of the instant claim, and would be of no assistance to claimant in pursuit of his claim.

Accordingly, the Court, relying upon the dictates of Civil Rights Law § 50-a, finds and concludes that the information contained in Trooper Connor’s personnel files need not be disclosed to claimant.

Therefore, it is

ORDERED, that claimant’s request seeking the disclosure of Trooper Connor’s personnel files is hereby DENIED; and it is further

ORDERED, that the parties are directed to complete all discovery by September 28, 2007, and that claimant shall serve and file a note of issue and certificate of readiness by October 26, 2007; and it is further

ORDERED, that should either party require an extension of these dates, such request must be made prior to the expiration of the dates set forth herein.


December 4, 2006
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims