LUONGO v. RECORDS ACCESS

100250/15, 2979.

150 A.D.3d 13 (2017)

2017 NY Slip Op 02523

51 N.Y.S.3d 46

In the Matter of JUSTINE LUONGO, Respondent, v. RECORDS ACCESS OFFICER, CIVILIAN COMPLAINT REVIEW BOARD, Appellant, and DANIEL PANTALEO, Intervenor-Appellant.

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

Decided March 30, 2017.


Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York City ( Aaron M. Bloom , Richard Dearing and Devin Slack of counsel), for Records Access Officer, Civilian Complaint Review Board, appellant.

Worth, Longworth & London, New York City ( Mitchell Garber of counsel,) for Officer Daniel Pantaleo, appellant.

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Cynthia Conti-Cook of counsel), and Kramer Levin Naftalis & Frankel LLP, New York City ( Jeffrey L. Braun and Anna K. Ostrom of counsel), for respondent.

Rankin & Taylor; PLLC, New York City ( Jane L. Moisan , David B. Rankin and Vanessa Selbst of counsel), for Communities United for Police Reform and others, amici curiae.

Cleary Gottlieb Steen & Hamilton LLP, New York City ( Avram E. Luft , Nefertiti J. Alexander , Mark E. McDonald and Grace J. Kurland of counsel), for Progresive Caucus of the New York City Council and others, amici curiae.

Davis Wright Tremaine LLP, Washington, DC ( Alison Schary of counsel), for The Reporters Committee for Freedom of the Press and others, amici curiae.

ACOSTA, MOSKOWITZ, KAPNICK and KAHN, JJ., concur.


OPINION OF THE COURT

The issues before us stem from the extensively publicized arrest and death of Eric Garner on July 17, 2014. Intervenor Police Officer Daniel Pantaleo was depicted in a bystander video applying a choke hold to Mr. Garner during the incident. An investigation followed, and on December 2, 2014, a grand jury...

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