Pettiford v. The City of Yonkers et al

Filing 187

ORDER with respect to 184 LETTER MOTION for Discovery to Order Document Production addressed to Magistrate Judge Judith C. McCarthy from Thomas O. O'Connor dated November 6, 2020. Document filed by Brian D. Pettiford. SO ORDERED: Defendants are directed to respond to this letter by close of business on November 20, 2020. (Signed by Magistrate Judge Judith C. McCarthy on 11/19/2020) (rjm)

Case 7:14-cv-06271-JCM Document 187 Filed 11/19/20 Page 1 of 2
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November 6, 2020

VIA ECF
Hon. Judith C. McCarthy
United States Magistrate Judge
The Hon. Charles L. Brieant Jr.
Federal Building and United States Courthouse
300 Quarropas Street
White Plains, New York 10601
Re:

SO ORDERED:
Defendants are directed to respond to this letter by close
of business on November 20, 2020.
_
_____________________________
__________________________________ 11-19-2020
___
JUDITH C. McCARTHY
UDITH C
United States Magistrate Judge

Pettiford v. The City of Yonkers, et al.
Docket No.: 14-cv-06271 (JCM)

Dear Judge McCarthy:
This firm and Sayegh & Sayegh, P.C. represent Plaintiff Brian D. Pettiford.
Pursuant to the Court’s Minute Order, dated October 30, 2020, Defendants have provided
Plaintiff with the court docket number related to YPD Narcotics Investigation Incident No. 1224965; specifically, Yonkers Criminal Court Docket No. 12-1558. Defendants represent that the
case was sealed pursuant to a Superior Court Information in the Supreme Court of Westchester
County, SCI No. 12-0520.
Plaintiff’s investigation has determined the identity of the individual arrested in YPD
Narcotics Investigation Incident No. 12-24965 on March 13, 2012. The individual has informed
counsel for Plaintiff that the record was sealed because of his status as a Youth Offender at the
time of his arrest. He has provided a fully executed waiver for the release of all sealed records
related to his arrest and conviction to Sayegh & Sayegh, P.C. We are providing his signed and
notarized authorization to Defendants’ counsel under separate cover.
We request that this Court order Defendants to produce the entire underlying
investigation file and all other documents in their possession related to YPD Narcotics
Investigation Incident No. 12-24965. It is “well established that, absent a statute or order of the
court which rendered the youthful offender adjudication, disclosure of the information in the

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Case 7:14-cv-06271-JCM Document 187 Filed 11/19/20 Page 2 of 2
Hon. Judith C. McCarthy
November 6, 2020
Page 2

confidential records may not be compelled unless the youthful offender has waived the
privilege.” New York Municipal Ins. Reciprocal v. Village of Briarcliff Manor Police Dep’t, 61
Misc.3d 1223(A), 111 N.Y.S.3d 802, 2018 WL 6253427 at *2 (Supreme Ct. Westchester Co.
2018) (citing Castiglione v. James, F.Q., 115 A.D.3d 696, 981 N.Y.S.2d 801 (2d Dep’t 2014);
Auto Collection, Inc. v. C.P., 93 A.D.3d 621, 939 N.Y.S.2d 541 (2d Dept 2012); Green v.
Montgomery, 95 N.Y.2d 693, 723 N.Y.S.2d 744 (2001); Doe v. D'Angelo, 154 A.D.3d 1300, 62
N.Y.S.3d 680 (4th Dept 2017).
Thank you for your consideration.
Respectfully submitted,

Thomas O. O’Connor
cc:

All Parties of Record (via ECF)