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THE REPEAL OF CIVIL RIGHTS LAW 50-A, WHICH PROHIBITED ACCESS TO POLICE PERSONNEL RECORDS, APPLIES RETROACTIVELY; PETITIONER PREVAILED RE: THE FOIL REQUEST AND WAS THEREFORE ENTITLED TO ATTORNEY’S FEES (FIRST DEPT).

The First Department, modifying Supreme Court, determined the repeal of Civil Rights Law 50-a, which prohibited access to police personnel records, applies retroactively. The court further held petitioner had prevailed re: the FOIL request and was therefore entitled to attorney’s fees:

… [F]ormer Civil Rights Law § 50-a provided, with limited exceptions, that “[a]ll personnel records [of law enforcement officers] used to evaluate performance toward continued employment or promotion . . . shall be considered confidential and not subject to inspection or review” … . The legislature repealed Civil Rights Law § 50-a on June 12, 2020 … , and made several related amendments to FOIL on the same date … , stating that all of this legislation including the repeal of section 50-a “shall take effect immediately” … . The “repeal of Civil Rights Law § 50-a . . . reflected a strong legislative policy promoting transparency of police disciplinary records and eliminated any claim of confidentiality in them … .  * * *

… [W]e hold that the repeal of Civil Rights Law § 50-a applies retroactively to records created prior to June 12, 2020 … . Matter of NYP Holdings, Inc. v New York City Police Dept., 2023 NY Slip Op 05193, First Dept 10-12-23

Practice Point: The repeal of Civil Rights Law 50-a, which prohibited access to police personnel records, applies retroactively.

Practice Point: Where, as here, a petitioner prevails on a FOIL request, petitioner is entitled to the award of attorney’s fees.

 

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