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DOE v. DOE

158505/18. Appeal No. 12516N. Case No. 2020-1554.

189 A.D.3d 406 (2020)

132 N.Y.S.3d 778

2020 NY Slip Op 07132

Jane Doe, Appellant, v. John Doe, Respondent.

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

Decided December 1, 2020.

Attorney(s) appearing for the Case

Thomas LaBarbera Counselors at Law PC, New York ( Kathleen R. Thomas of counsel), for appellant.

The Law Office of Matthew Galluzzo PLLC, New York ( Matthew Galluzzo of counsel), for respondent.

Concur—Gische, J.P., Webber, Oing, Mendez, JJ.

Defendant may not proceed anonymously. The default rule is one of openness and disclosure (see CPLR 2101[c]; "J. Doe No. 1" v CBS Broadcasting Inc., 24 A.D.3d 215 [1st Dept 2005]). There is a statutory exception that operates to keep the identity of any victim of a sex offense confidential (Civil Rights Law § 50-b). However, this exception does not protect the identity of the...

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