2006 New York Code - Confidentiality Of Records.



 
    §  45.  Confidentiality of records. 1. Except as hereinafter provided,
  all complaints, correspondence, commission proceedings  and  transcripts
  thereof,  other  papers  and data and records of the commission shall be
  confidential and shall not  be  made  available  to  any  person  except
  pursuant  to  section forty-four of this article. The commission and its
  designated staff personnel shall have access to confidential material in
  the performance of their powers and duties. If  the  judge  who  is  the
  subject  of a complaint so requests in writing, copies of the complaint,
  the transcripts of hearings by the commission thereon, if any,  and  the
  dispositive action of the commission with respect to the complaint, such
  copies  with  any  reference  to  the identity of any person who did not
  participate at any such hearing suitably deleted therefrom,  except  the
  subject judge or complainant, shall be made available for inspection and
  copying  to  the  public, or to any person, agency or body designated by
  such judge.
    2. Notwithstanding any provision in this section, the commission, with
  the consent of the applicant, shall provide the record of any proceeding
  pursuant to a formal written complaint against an applicant for judicial
  appointment in which the applicant's  misconduct  was  established,  any
  pending  complaint  against  an applicant, and the record to date of any
  pending proceeding pursuant to a formal  written  complaint  against  an
  applicant for judicial appointment:
    (a)  to  the  commission on judicial nomination established by article
  three-A of this chapter, with respect to applicants for  appointment  to
  the court of appeals;
    (b)  to  the governor with respect to all applicants whom the governor
  indicates are under consideration for any judicial appointment; and
    (c) to the temporary president of the senate and the chairman  of  the
  senate  judiciary  committee  with  respect to all nominees for judicial
  appointments which are subject to the advice and consent of the  senate.
  The  commission  shall  respond within fifteen days of a request for the
  information provided for in this subdivision.

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