In re Petrowski

20 Misc. 3d 860
CourtNew York Surrogate's Court
DecidedAugust 19, 2008
StatusPublished
Cited by2 cases

This text of 20 Misc. 3d 860 (In re Petrowski) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Petrowski, 20 Misc. 3d 860 (N.Y. Super. Ct. 2008).

Opinion

OPINION OF THE COURT

Margarita Lopez Torres, S.

In these two proceedings to compel the production of the wills of Christina Hansen Petrowski Schwartz and Mark Schwartz, the children of Christina, who are also the stepchildren of Mark, ask the court to seal the documents which have been produced by the respondent.

Background

By petitions dated July 25, 2008, Melissa Hansen Petrowski and Nicholas Petrowski sought to compel the New York City Police Department (NYPD) to produce documents in their possession purporting to be the wills of Mark and Christina Schwartz. Pursuant to SCPA 1401, the court directed the NYPD to produce any documents in their possession purporting to be the decedents’ wills in court on August 12, 2008.

On August 12, 2008, counsel for the petitioners, counsel for Mark Schwartz’s parents, and counsel for the NYPD appeared in court. The NYPD complied with the order and turned over the documents to the court. Asserting that matters contained in the documents may cause embarrassment to the decedents and their families, the petitioners, joined by Mark Schwartz’s parents and the NYPD, made an oral application to seal the documents. The court declined to entertain the oral application and instead provided the petitioners, and Mark Schwartz’s parents, as well as the NYPD, with an opportunity to submit their written application by August 14, 2008. In the interim, the court has maintained the relevant documents in chambers. The petitioners submitted their written application, while Mark Schwartz’s parents and the NYPD did not.

Analysis

Public access to the courts is a hallmark of our system of adjudicating disputes and is “rooted in [our] distrust for secret tribunals.” (Matter of Gannett Co. v De Pasquale, 43 NY2d 370, 376 [1977].) By secreting the proceedings before it, a court [862]*862removes “the bright light cast upon the judicial process by public observation [which] diminishes the possibilities for injustice, incompetence, perjury, and fraud.” (Mancheski v Gabelli Group Capital Partners, 39 AD3d 499, 501 [2d Dept 2007], quoting Republic of Philippines v Westinghouse Elec. Corp., 949 F2d 653, 660 [3d Cir 1991].) Accordingly, applications to seal court records will only be granted where an overriding compelling interest is demonstrated.

In determining whether to seal records, courts are bound by the provisions of section 216.1 of the Uniform Rules for Trial Courts. (22 NYCRR 216.1.) That rule states:

“Except where otherwise provided by statute or rule, a court shall not enter an order in any action or proceeding sealing the court records, whether in whole or in part, except upon a written finding of good cause, which shall specify the grounds thereof. In determining whether good cause has been shown, the court shall consider the interests of the public as well as of the parties. Where it appears necessary or desirable, the court may prescribe appropriate notice and opportunity to be heard.” (22 NYCRR 216.1 [a].)

In determining whether good cause has been demonstrated, courts must weigh the interests of the public against the interests of the parties. (See Mancheski v Gabelli Group Capital Partners, 39 AD3d 499 [2d Dept 2007].)

In support of the applications in both estates, neither Mark Schwartz’s parents nor Christina Schwartz’s children submitted an affidavit. Instead, counsel for Melissa and Nicholas submitted an affirmation alleging “the contents of the documents contain information which is potentially embarrassing to the memory of the decedent and his family.” (Dardis affidavit 1Í 5.) Also annexed to the application is an affirmation from counsel for the NYPD which contains the conclusory and hearsay allegation that counsel spoke with a detective who expressed concern that not sealing the documents “may serve to impede the investigation.” (Chan affidavit 1i 3.) However, although the NYPD was specifically advised that if it had an interest in sealing the records, the NYPD would have to apply for a sealing order and was provided an opportunity to do so, the NYPD has submitted no such application.

In support of their contention that court records may be sealed if matters contained therein are deemed embarrassing, [863]*863the applicants cite Matter of R.R. (153 Misc 2d 747 [Sur Ct, Rensselaer County 1992]). In that case, which was decided in the context of a wrongful death compromise, the decedent’s parents requested that the court seal the file because it contained the decedent’s medical records. They alleged the medical records contained anecdotal notations which could be embarrassing to the decedent’s memory and to his family. The parents’ application was joined by the defendants in the wrongful death proceeding because the defendants wished to keep their settlement a secret. The court sealed the file, finding that the privacy interests with regard to the medical records and the court’s policy to encourage settlement of cases outweighed the rights of the public to have access to the file. Matter of R.R. is inapplicable to the instant case. The privacy of medical records traditionally has been paramount to other interests, and the need for privacy with relation to such records has been recognized by both state and federal legislatures. (See e.g. 45 CFR 164.502 et seq. [rules enacted pursuant to the Health Insurance Portability and Accountability Act of 1996 requiring professionals and institutions such as physicians and health insurance providers to obtain a patient’s consent for the release of medical information]; Public Health Law § 2997 [requiring the Department of Health to examine state laws with regard to patient privacy].) In examining the documents submitted in this case, the court finds no information which would require the privacy afforded to medical records.

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Bluebook (online)
20 Misc. 3d 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petrowski-nysurct-2008.