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 Ocer
§§ 145:541, 145:545, 145:546.
McKinney's, Civil Rights Law § 50–a; Public Ocers 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 Suolk 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 Aairs Bureau investigation le 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 led 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 Ocer Moore and the decedent's children were held. All
outstanding discovery problems have been resolved at this