Estate of McConlogue v. County of Nassau

Appellate Division of the Supreme Court of New York

Estate of McConlogue v. County of Nassau

208 A.D.2d 888, 618 N.Y.S.2d 570

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 31, 1994

StatusPublished

Cited by2 cases

This text of 208 A.D.2d 888 (Estate of McConlogue v. County of Nassau) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Estate of McConlogue v. County of Nassau, 208 A.D.2d 888, 618 N.Y.S.2d 570 (N.Y. Ct. App. 1994).

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Opinion

In an action to recover damages for wrongful death, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Yachnin, J.), dated June 22, 1993, as (1) denied those branches of the defendants’ motion which were for a protective order in connection with the plaintiffs’ Demand for Employment Records and items 4, 5, and 9 of the plaintiffs’ Notice of Discovery and Inspection, and (2) granted that branch of the plaintiffs’ cross motion which was for an order directing the defendants to furnish personnel records for in camera inspection.

Ordered that the order is affirmed, insofar as appealed from, with costs.

We find that the Supreme Court did not err in ordering the defendant County of Nassau to produce the personnel records of the individual defendants for in camera inspection. The plaintiffs satisfied their initial burden of making a good faith showing of some factual predicate supporting the disclosure (see, Civil Rights Law § 50-a [2]; People v Gissendanner, 48 NY2d 543, 550; Zarn v City of New York, 198 AD2d 220; Becker v City of New York, 162 AD2d 488, 489-490; Taran v State of New York, 140 AD2d 429, 432; Cox v New York City Hous. Auth., 105 AD2d 663, 664).

We have reviewed the defendants’ remaining contentions and find them to be without merit. Thompson, J. P., Miller, O’Brien, Santucci and Joy, JJ., concur.

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In an action to recover damages for wrongful death, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Yachnin, J.), dated June 22, 1993, as (1) denied those branches of the defendants’ motion which were for a protective order in connection with the plaintiffs’ Demand for Employment Records and items 4, 5, and 9 of the plaintiffs’ Notice of Discovery and Inspection, and (2) granted that branch of the plaintiffs’ cross motion which was for an order directing the defendants to furnish personnel records for in camera inspection.

Ordered that the order is affirmed, insofar as appealed from, with costs.

We find that the Supreme Court did not err in ordering the defendant County of Nassau to produce the personnel records of the individual defendants for in camera inspection. The plaintiffs satisfied their initial burden of making a good faith showing of some factual predicate supporting the disclosure (see, Civil Rights Law § 50-a [2]; People v Gissendanner, 48 NY2d 543, 550; Zarn v City of New York, 198 AD2d 220; Becker v City of New York, 162 AD2d 488, 489-490; Taran v State of New York, 140 AD2d 429, 432; Cox v New York City Hous. Auth., 105 AD2d 663, 664).

We have reviewed the defendants’ remaining contentions and find them to be without merit. Thompson, J. P., Miller, O’Brien, Santucci and Joy, JJ., concur.

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208 A.D.2d 888, 618 N.Y.S.2d 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-mcconlogue-v-county-of-nassau-nyappdiv-1994.

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