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POLICE BENEVOLENT ASSOCIATION OF THE NEW YORK STATE TROOPERS, INC. v. NEW YORK STATE DIVISION OF STATE POLICE

40 A.D.3d 1350 (2007)

838 N.Y.S.2d 199

POLICE BENEVOLENT ASSOCIATION OF THE NEW YORK STATE TROOPERS, INC., et al., Appellants, v. NEW YORK STATE DIVISION OF STATE POLICE et al., Respondents.

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

Decided May 24, 2007.

Carpinello, J.

For over 25 years, the Internal Affairs Bureau of defendant New York State Division of State Police (hereinafter the State Police) has followed an unwritten policy of requiring members to authorize disclosure of confidential medical records when events raise questions as to the member's integrity or fitness to serve. In particular, during the course of administrative investigations stemming from both on and off-duty conduct, a member may be requested...

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