UNIFORMED FIRE OFFICERS ASSOCIATION LOCAL 854 v. CITY OF NEW YORK (2012)

Order, Supreme Court, New York County (Arthur F. Engoran, J.), entered on or about April 10, 2012, which denied the City's motion to quash a judicial subpoena, unanimously affirmed, without costs.

The City failed to show that the public interest would be harmed by the disclosure of drafts of a public safety consultant's report recommending a change to the 911 call system (see Matter of World Trade Ctr. Bombing Litig., 93 N.Y.2d 1, 10 [1999] ). Absent sensitive subject matter or exposure of review participants to liability, the City's contention that the disclosure of the drafts would have a chilling effect on the internal discussions of those engaged in reviewing technical projects such as this is speculative. Petitioners, on the other hand, have shown a need for the drafts in preparing their case before the Collective Bargaining Board.

There is no basis for the City's claim of protection under the so-called “self-critical” privilege. This privilege has never been recognized under New York law, and this case is not the exceptional and compelling case that justifies the judicial creation of a new privilege (see Lamitie v. Emerson Elec. Co.-White Rodgers Div., 142 A.D.2d 293, 298–299 [3d Dept 1988], lv dismissed 74 N.Y.2d 650 [1989] ).