FINN v. CITY OF NEW YORK


4 A.D.3d 218 (2004)

772 N.Y.S.2d 46

MONIQUE FINN et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

February 19, 2004.


Plaintiffs' requests for discovery must be considered in light of federal rules governing this action alleging federal civil rights violations. However, no specific federal rule exists regarding the unsealing of records in a criminal action decided favorably to the defendant. The courts must balance the privacy protections under CPL 160.50 against the interests favoring disclosure, with the party invoking the privilege bearing the burden of proof (see King v Conde,

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