A.M. v Holy Resurrection Greek Orthodox Church of Brookville, N.Y.

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A.M. v Holy Resurrection Greek Orthodox Church of Brookville, N.Y. 2018 NY Slip Op 32242(U) September 12, 2018 Supreme Court, New York County Docket Number: 156132/16 Judge: Sherry Klein Heitler Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 09/12/2018 12:18 PM NYSCEF DOC. NO. 105 INDEX NO. 156132/2016 RECEIVED NYSCEF: 09/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 30 --------------------------------------------~---~-----------~--~--x A.M. and E.M., both minors, by and through their parents and natural guardians, EFTIHIA MIHOS and EV ANGELOS MIHOS, Index No. 156132/16 Motion Sequence 008 DECISION & ORDER Plaintiffs, -againstHOLY RESURRECTION GREEK ORTHODOX CHURCH OF BROOKVILLE, NEW YORK aka GREEK ORTHODOX CHURCH OF THE HOLY RESURRECTION, et al., Defendants. ------~~---~-~----~--~----~~--~-----------~---------------x SHERRY KLEIN BEITLER, J.S.C. At a court conference on June 4, 2018, the court ordered the production of the personnel file of defendant Father Demetrios Kehagias (Personnel File). At the request of counsel for Father Kehagias the court agreed to review the Personnel File in-camera prior to production. On or about July 18, 2018 the court received a copy of the Personnel File, which has been Bates Stamped, as well as a privilege log prepared by Father Keliagias' counsel. CPLR 3101 (a) mandates that "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action ...." As the Court of Appeals has held, the words "material" and ..necessary" should be ..interpreted liberally to require disclosure ... of any facts bearing on the controversy which will assist preparation for trial by sharpening the issu_es and reducing delay and prolixity." Allen v Crowell-Co/lier Publishing Co., 21 NY2d 403, 406 ( 1968). The statute's scope is "generous, broad, and is to be construed liberally," (Mann ex rel. Akst v Cooper Tire Co., 33 AD3d 24, 29 [1st Dept 2006]) and it has been interpreted "to give effect to the strong public policy favoring .. full disclosure to adequately prepare for trial...." New York State Elec. & Gas Corp. v Lexington Ins. Co., 160 AD2d 261, 261 (1st Dept 1990). Moreover, "'[p]retrial disclosure extends not only to [I] 2 of 5 [*FILED: 2] NEW YORK COUNTY CLERK 09/12/2018 12:18 PM NYSCEF DOC. NO. 105 INDEX NO. 156132/2016 RECEIVED NYSCEF: 09/12/2018 admissible proof but also to testimony or documents which may lead to the disclosure of admissible proof,' including material which might be used in cross-examination." Polygram Holding, Inc. v Cafaro, 42 AD3d 339, 341 (1st Dept 2007) (quoting Fell v Presbyterian Hosp. in City ofN. Y. at Columbia-Presby/. Med. Ctr., 98 AD2d 624, 625 [ 1983]). In determining whether disclosure is appropriate, "[t]he test is one of usefulness and reason." Allen v Crowell-Co/lier Publishing, Co., 21 NY2dat406. The court has reviewed the Personnel File and the privilege log with these standards in mind. Many of the documents contained within the Personnel File are relevant to the issue - raised by Plaintiff - that there was an employer/employee relationship between Father Kehagias and the other defendants. Other documents in the Personnel File speak to Father Kehagias' education, work history, and character, and are neither privileged nor sensitive in nature. The remaining documents are either of a sensitive personal nature or relate to individuals/matters not at issue in this case. Accordingly, it is hereby ORDERED that the Personnel File be produced as follows: FOLDER IA Pae:e 1 2 3-4 5-7 8 9 10-11 12-14 15-16 17 18 19-20 21 21-23 24-26 27 28-33 Discoverable Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes· No No Yes No No [2] 3 of 5 [*FILED: 3] NEW YORK COUNTY CLERK 09/12/2018 12:18 PM NYSCEF DOC. NO. 105 INDEX NO. 156132/2016 RECEIVED NYSCEF: 09/12/2018 FOLDERlB 134-35 36-44 Page Discoverable FOLDER2A Pae:e 45-74 75 76-82 Discoverable Yes Yes Yes FOLDERJA Pa2e 83 84-86 87 88 89-91 92 93-96 97-98 99-104 105-106 107-114 115-116 117-130 131-134 135-137 138-143 144-145 146 147-150 151 152-155 156-165 Discoverable Yes Yes (redacted as proposed by counsel} Yes No No Yes No No No Yes (redacted as proposed bv counsel) Yes Yes (redacted as proposed by counsel Yes Yes (except fourth paragraph on p. 132, sentences 7&8) Yes (redacted as proposed by counsel) Yes Yes (redacted as proposed bv counsel) Yes Yes (redacted as proposed by counsel Yes Yes (redacted as prooosed by counsel) Yes FOLDER3B Pae:e 166-170 171-172 173-180 Discoverable Yes Yes (redacted as proposed by counsel) Yes [3] 4 of 5 [*FILED: 4] NEW YORK COUNTY CLERK 09/12/2018 12:18 PM NYSCEF DOC. NO. 105 INDEX NO. 156132/2016 RECEIVED NYSCEF: 09/12/2018 FOLDER4A Pae:e 181 182·183 184 185-186 187-228 Discoverable Yes No No No No FOLDER SA Discoverable Pa2e 229-233 234 235-236 237 238 239 240·246 247 248-251 252-261 262 263-276 277-286 No Yes Yes (redacted as orooosed bv counsel) Yes Yes (redacted as orooosed bv counsel) Yes Yes (redacted as orooosed bv counsel) Yes Yes (redacted as orooosed bv counsel) Yes (redacted as nrooosed bv counsel) No Yes <redacted as orooosed bv counsel) Yes And it is further ORDERED that counsel shall jointly prepare and submit a confidentiality agreement for this court's review within 30 days of the date of entry of this order. The confidentiality agreement shall apply to all discoverable documents contained within the Personnel File. Upon receiving notice that the confidentiality agreement has been So-Ordered, counsel for Father Kehagias shall produce the documents to all counsel as set forth in this order within I 0 days of receipt of such notice. This constitutes the decision and order of the court. DATED: 9./z_./ ! s 5 of 5

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