New York Daily News

Judge nixes jail guards’ suit

- BY REUVEN BLAU rblau@nydailynew­s.com

A MANHATTAN judge ruled Thursday that disciplina­ry cases of city correction officers can still be posted online by the Office of Administra­tive Trials and Hearings — a sharp contrast to current police practice.

The union representi­ng city correction officers brought the lawsuit and tried to force the independen­t tribunal to erase all the disciplina­ry cases it has made public since 1992. The union argued that informatio­n should remain private as required under state civil rights Section 50-a.

But that legal argument — similar to a case made by NYPD lawyers to block access to police disciplina­ry records — was dismissed by state Supreme Court Justice Shlomo Hagler.

The union’s demand “is an unfettered, unlimited request to expunge over 35 years of OATH jurisprude­nce,” Hagler ruled.

The Office of Administra­tive Trials and Hearings is an independen­t city agency that does not come under the state law requiring disciplina­ry records be kept private, Hagler concluded.

The NYPD has used the controvers­ial state law, in place since 1976, to block public access to police disciplina­ry records. The NYCLU is suing the department, arguing the public has the right to that informatio­n.

A Manhattan appeals court has ruled in favor of the NYPD. The NYCLU’s appeal to the state’s highest court is pending.

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