New York State Court of Claims

New York State Court of Claims

MAHONEY v. THE STATE OF NEW YORK, #2007-009-026, Claim No. 109324, Motion No. M-73597


Synopsis


Claimant’s motion seeking an in camera review of the personnel file of a BCI Investigator was granted.

Case Information

UID:
2007-009-026
Claimant(s):
CORNELIUS J. MAHONEY, MAHONEY’S AUTO MALL, INC., MAHONEY’S GMC, INC., and JAN MAHONEY
Claimant short name:
MAHONEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109324
Motion number(s):
M-73597
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
CAPPELLO, LINDEN & LADOUCEUR
BY: Roger B. Linden, Esq.,Of Counsel.
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General
BY: Joel L. Marmelstein, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant’s attorney:

Signature date:
September 18, 2007
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimants have brought this motion requesting an in camera review of the personnel file of New York State Bureau of Criminal Investigation Investigator James P. DiSalvo, pursuant to Civil Rights Law § 50-a.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affidavit of Roger B. Linden, Esq., with Exhibits 1,2


Affirmation of Joel L. Marmelstein, Esq., Assistant Attorney General 3

Pursuant to Civil Rights Law § 50-a(2), interested parties to such an application must be provided with an opportunity to be heard prior to the issuance of any order directing an in camera review, and the party making such an application must first establish “a clear showing of facts sufficient to warrant” such a review.

In this particular matter, defendant has not raised the issue of lack of notice of this motion to Investigator DiSalvo or any other interested party. Additionally, after a review of the detailed affidavit submitted by claimants’ attorney, the Court finds that claimants have demonstrated a sufficient basis to request the in camera review of Investigator DiSalvo’s personnel file. The Court notes that defendant’s attorney has acknowledged that such an in camera review appears to be warranted under the allegations and circumstances of this claim.

Accordingly, it is

ORDERED, that Motion No. M-73597 is hereby GRANTED, and defendant is directed to submit to the Court a complete copy of the personnel file, including any Internal Affairs Division records and reports, of Investigator James P. DiSalvo within 45 days of the filing date of the Decision and Order herein.


September 18, 2007
Syracuse, New York

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