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The city is appealing a Manhattan judge’s order to release the disciplinary records for Daniel Pantaleo, the police officer cleared of criminal charges in the chokehold death of Eric Garner – arguing that the order conflicts with established civil rights laws.
The Legal Aid Society sued the Civilian Complaint Review Board, an independent city agency, to get the Pantaleo information in February.
Manhattan Supreme Court Justice Alice Schlesinger ordered the release of the records in July.
Now, city lawyers have filed a notice of appeal, knocking Schlesinger’s decision.
“Grounds for reversal: The court’s order conflicts with precedent under Civil Rights Law 50-a,” city lawyers said in court papers filed Wednesday.
Pantaleo’s lawyer took an even stronger stance against the judge’s decision in their Aug. 3 notice of appeal.
“Grounds for reversal: The Court misapplied the law and acted in an arbitrary and capricious manner in granting release of Officer Pantaleo’s CCRB records,” Pantaleo lawyer Mitchell Garber wrote.
The city’s top lawyer, Corporation Counsel Zachary Carter, criticized Schleisnger’s decision in a statement.
“Courts have recognized that Civil Rights Law 50-a balances two important values — protecting the privacy of officer records and ensuring public accountability for law enforcement officers,” Carter said.
“The lower court’s decision appears to be inconsistent with previous case law prohibiting disclosure, and our appeal seeks clarity and guidance from a higher Court.”
Legal Aid lawyer Cynthia Conti-Cook has said her organization is trying to get only the number of substantiated grievances filed against Pantaleo and what the CCRB did in response to those complaints – and was not asking for full details on the reports such as background on the incidents.



