New York State Court of Claims

New York State Court of Claims

MAHONEY v. THE STATE OF NEW YORK, #2008-009-018, Claim No. 109324, Motion No. M-73597


Synopsis


Following an in camera review the Court determined that a personnel file of a BCI Investigator need not be disclosed.

Case Information

UID:
2008-009-018
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:
July 15, 2008
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Pursuant to a Decision and Order of this Court, defendant has produced, for an in camera review, the personnel file for New York State Bureau of Criminal Investigation Investigator James P. DiSalvo.

The Court has now completed its review of each of the items contained in this personnel file for Investigator DiSalvo, as well as the relevant authority governing disclosure. After careful consideration, the Court finds that there are no items contained therein, which bear any relevance whatsoever to the allegations forming the basis of the instant claim.

Accordingly, pursuant to Civil Rights Law § 50-a, the Court finds and concludes that no information contained in Investigator DiSalvo’s personnel file need be disclosed to claimants.

Therefore, it is

ORDERED, that claimants’ request seeking disclosure of Investigator DiSalvo’s personnel file is hereby denied; and it is further

ORDERED, that counsel for the parties are hereby directed to contact this Court’s Chambers as soon as reasonably practicable to discuss dates for the completion of any and all outstanding discovery matters.

July 15, 2008
Syracuse, New York

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