Junmei Zhang v City of New York

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Junmei Zhang v City of New York 2021 NY Slip Op 32257(U) November 5, 2021 Supreme Court, New York County Docket Number: Index No. 157088/2015 Judge: Francis A. Kahn III 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 11/09/2020 09:06 AM NYSCEF DOC. NO. 245 INDEX NO. 157088/2015 RECEIVED NYSCEF: 11/06/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. FRANCIS A. KAHN, Ill IAS MOTION 32 Justice ------------------------------------X JUNMEI ZHANG, INDEX NO. MOTION DATE Plaintiff, 157088/2015 09/15/2020 007 MOTION SEQ. NO. - V - THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES, ACACIA NETWORK HOUSING, INC.,BASIC HOUSING INC., DECISION + ORDER ON MOTION Defendant. ----------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 007) 196, 197, 198, 199, 200,201,202,203,204,205,206,207,208,209,211,212,213,214,215,216,217,228,229,230,231, 232,234,235 RENEW/REARGUE/RESETTLE/RECONSIDER were read on this motion to/for . Upon the foregoing documents the motion and cross-motion are determined as follows: The branch of Plaintiffs motion for leave to reargue and/or modification of this court's decision and order dated June 1, 2020 is granted in light of the repeal of Civil Rights Law §50-a 1 which occurred after this court rendered its decision. Upon re-argument, the branch of Plaintiffs underlying motion for production of Police Officer Longo's personnel records from the New York City Police Department and from the Civilian Complaint Review Board is granted. The court's underlying determination that these records "were not material and necessary to this action" was made considering the confidentiality conferred by Civil Rights Law §50-a, the legislative history underlying that statute and the cases that confirmed and expanded that statutory privilege against disclosure. Recently, the legislature, by votes of wide margins in both the Assembly and Senate, approved repeal of Civil Rights Law §50-a as part of a package of law enforcement reforms which Governor Andrew Cuomo signed into law. 2 In light of the repeal of Civil Rights Law §50-a, these records are not only discoverable in court proceedings, but are. subject to Freedom oflnformation Law requests under Public Officers Law §84-90. Defendant City of New York's objections to disclosure of these records are unavailing and more appropriately addressed to the trial court when the relevance and admissibility of those records at trial are at issue. Accordingly, Defendant City shall respond to Plaintiffs demands for Repealed on June 12, 2020. https ://www .nydailynews.com/news/po Iitics/ny-cuomo-po lice-refonn-d iscip linary-records-202006125zryohkuwjew7ksjowhtswmsk4-story .htm 1 1 2 157088/2015 ZHANG, JUNMEI J vs. CITY OF NEW YORK Motion No. 007 1 of 2 Page 1 of 2 [*FILED: 2] NEW YORK COUNTY CLERK 11/09/2020 09:06 AM NYSCEF DOC. NO. 245 INDEX NO. 157088/2015 RECEIVED NYSCEF: 11/06/2020 Police Officer Longo's personnel records from the New York City Police Department and from the Civilian Complaint Review Board within 45 days of the date of e-filing of this order. The branch of the cross-motion for an in camera review of the records prior to release is denied, but the branch of the cross-motion for an extension of time to conduct the deposition of Officer Longo is granted. The deposition of Officer Longo shall be conducted on or before January 29, 2021. All other discovery shall be completed on or before February 26, 2021. A note of issue shall be filed on or before February 27, 2021. 11/5/2020 DATE CHECK ONE: APPLICATION: CHECK IF APPROPRIATE: ~ CASE DISPOSED GRANTED H6'N~~~e1§· ~~-\(AHN Ill J.S.C. • NON-FINAL DISPOSITION DENIED GRANTED IN PART SETTLE ORDER SUBMIT ORDER INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 157088/2015 ZHANG, JUNMEI J vs. CITY OF NEW YORK Motion No. 007 2 of 2 • • OTHER REFERENCE Page 2 of 2

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