In re Center on Privacy & Technology v New York City Police Department .

In re Center on Privacy & Technology v New York City Police Department .
Motion No: M-1673
Slip Opinion No: 2020 NYSlipOp 70573(U)
Decided on August 27, 2020
Appellate Division, First Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



August 27, 2020

In re Center on Privacy & Technology,

Petitioner-Appellant,

v

New York City Police Department,

Respondent-Respondent.

Petitioner-appellant having moved for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on March 12, 2020 (Appeal No. 11278N) [M-1664], And the Reporters Committee for Freedom of the Press and 25 media organizations having moved for leave to file a brief amicus curiae in support of petitioner-appellant's motion [M-1673], Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is Ordered that the motion for leave to file a brief amicus curiae in support of the motion [M-1673] is granted and the brief annexed to the moving papers deemed filed, and it is further Ordered that the motion for leave to appeal to the Court of appeals is granted, and this Court, pursuant to CPLR 5713, certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals:

"Was the order of Supreme Court, as affirmed by the this Court, properly made?" This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion. ENTERED: August 27, 2020

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Jeffrey K. Oing Lizbeth GonzÁlez, Justices

M-1673

M-1664

Index No. 154060/17