Legal Question in Civil Litigation in New York

Need help locating CPLR

Hello. I have been told that there is a specific rule in the CPLR that enables a plaintiff to subpoena records from the NY Police Department. The mechanism in the CPLR that allows for pre-action discovery against a city agency has eluded me. Can somebody please please point me in the right direction. Thanks.


Asked on 12/15/04, 11:31 am

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Need help locating CPLR

You need to move by Order to show cause pursuant to CPLR 3102 (c) because they are a governmental agency.

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Answered on 12/15/04, 12:53 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Need help locating CPLR

The Police Dept in NYC recognizes the NY 'FOIL' laws and has a procedure established. The lag time is around 2 months for the requested documents.

You may also obtain an 'order to show cause' under cplr 3100 or 'motion to compel' under the same title.

Some documents are discoverable and some are not. The personnel file of a police officer or prison guard is tough to get, but a court officer must be disclosed.

The police are the police. That is all I will say about that!

You are welcome to contact me further for this kind of assistance. Glad to help!

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Answered on 12/15/04, 2:18 pm


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