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181 Misc 2d 1003

Citation
181 Misc 2d 1003
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

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in the materials to warrant such review.

TOTAL CLIENT-SERVICE LIBRARYL REFERENCES
By the Publisher’s Editorial Sta

Am Jur 2d, Freedom of Information Acts, §§ 290–296.
Carmody-Wait 2d, Proceeding Against a Body or Ocer
§§ 145:541, 145:545, 145:546.
McKinney's, Civil Rights Law § 50–a; Public Ocers Law
§ 87 (2) (a).
NY Jur 2d, Disclosure, § 165; Records and Recording,
§§ 17, 19, 20, 24, 39, 41, 51.
ANNOTATION REFERENCE
See ALR Index under Freedom of Information Acts.

APPEARANCES OF COUNSEL
Bauman & Kunkis, P. C., New York City (Steven C. Pepper-
man of counsel), for plainti. Robert J. Cimino, County At-
torney of Suolk County, Hauppauge, for defendants.
1004 181 MISCELLANEOUS REPORTS, 2d SERIES

OPINION OF THE COURT
Alan D. Oshrin, J.
Plainti's CPLR 3126 motion compelling the defendants to
produce the Internal Aairs Bureau investigation Žle is
determined as provided herein.
The plainti has commenced this action seeking damages
resulting from the death of Adell Parker Swiggett on September
5, 1985. The plainti claims that Mrs. Swiggett was killed by
her husband, Anthony Swiggett, and that the defendants are
liable for damages because of the failure of the defendants to
properly enforce an order of protection.
The action was commenced in 1991 and has had a long his-
tory involving an appeal to the Court of Appeals. A note of is-
sue and statement of readiness were Žled on or about June 9,
1993. In the spring of this year an application was made with
respect to issues relating to then existent discovery disputes
and by order of this court dated May 27, 1999, a Referee to
supervise disclosure was appointed and the depositions of Po-
lice Ocer Moore and the decedent's children were held. All
outstanding discovery problems have been resolved at this