Opinion
November 5, 1998
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
We agree with the cogent analysis of the IAS Court ( 174 Misc.2d 400) that petitioner is entitled to the records in question in furtherance of his independent duties under the New York City Charter, subject to appropriate redaction as was done here, that Civil Rights Law § 50-a does not bar such access, that New York City Charter § 24 (j) is permissive and therefore does not require petitioner to exhaust his administrative remedies by seeking a subpoena from the appropriate committee of the New York City Council, and that petitioner has the capacity to institute litigation. However, petitioner should have been authorized to retain outside counsel, the Corporation Counsel being in a position of obvious conflict in this dispute between two City public officials (cf., Lamberti v. Metropolitan Transp. Auth., 170 A.D.2d 224). In remanding, we note that the fee request was not documented.
Concur — Rosenberger, J. P., Nardelli, Wallach and Saxe, JJ.
[See, 174 Misc.2d 400.]