Matter of Pollack v Kiernan
2013 NY Slip Op 02487 [105 AD3d 518]
April 11, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2013


In the Matter of Ruth Marie Pollack, Respondent,
v
Matthew G. Kiernan et al., Appellants.

[*1] John W. McConnell, New York (Shawn Kerby of counsel), for appellants.

Ruth Marie Pollack, Riverhead, respondent pro se.

Order, Supreme Court, Kings County (Herbert Kramer, J.), entered on or about November 17, 2011, which granted the petition brought pursuant to CPLR article 78 to the extent of directing the Appellate Division, Second Department, to forward certain documents in petitioner's disciplinary file to Supreme Court for in camera review, unanimously reversed, on the law, without costs, and the petition denied, and the proceeding dismissed.

Judiciary Law § 90 (10) provides that the Appellate Division has the jurisdiction to permit documents pertaining to an attorney disciplinary proceeding to be divulged. Therefore, Supreme Court lacked the authority to order disclosure of such documents. Concur—Andrias, J.P., Moskowitz, Freedman, Manzanet-Daniels and Feinman, JJ.