Opinion

Min Wu v. Institute of Elec. & Elecs. Engrs., Inc.

  • 2025 NY Slip Op 31001(U)
Court
New York Supreme Court, New York County
Filed
Mar 24, 2025
Status
Unpublished
Author
Alexander M. Tisch
Cited by
0 cases
Authority
More cited than 34.7%

The opinion

Min Wu v Institute of Elec. & Elecs. Engrs., Inc.

2025 NY Slip Op 31001(U)

March 24, 2025

Supreme Court, New York County

Docket Number: Index No. 159073/2024

Judge: Alexander M. Tisch

Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001(U), are republished from various New York

State and local government sources, including the New

York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official

publication.

[FILED: NEW YORK COUNTY CLERK 03/25/2025 12: 04 PM] INDEX NO. 159073/2024

NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/25/2025

SUPREME COURT OF THE STATE OF NEW YORK

NEW YORK COUNTY

PRESENT: HON. ALEXANDER M. TISCH PART 18

Justice

-----X INDEX NO. 159073/2024

MINWU

MOTION DATE 11/04/2024

Petitioner,

MOTION SEQ. NO. 002

- V-

THE INSTITUTE OF ELECTRICAL AND ELECTRONICS

ENGINEERS, INC., DECISION + ORDER ON

MOTION

Respondent.

---------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 002) 59, 60, 61, 62, 63

were read on this motion to/for SEAL

In this motion, respondent seeks to seal certain documents it filed in support of its answer

to the petition in this action, specifically Exhibits B, C, D, and E to the Lindbak Declaration,

ethics complaints filed by certain IEEE members against other IEEE members (NYSCEF Doc.

Nos. 48-51 ); Exhibit F to the Lindbak Declaration, a letter sent to an IEEE Society Leader

advising them of disciplinary action against them which is labeled "IEEE CONFIDENTIAL -

CONTROLLED DISTRIBUTION" (NYSCEF Doc. No. 52); Exhibit G to the Lindbak

Declaration, a letter from petitioner's counsel to respondent advising it of Dr. Wu intentions to

appeal the decision of the IEEE's Conduct Review Committee (NYSCEF Doc. No. 53); Exhibit

H to the Lindbak Declaration, a letter from petitioner's counsel to IEEE' s President demanding

petitioner's immediate reinstatement (NYSCEF Doc. No. 54); Exhibit I to the Lindbak

Declaration, petitioner's appeal submission to the IEEE Ethics and Member Conduct Committee

(NYSCEF Doc. No. 55); Exhibit J to the Lindbak Declaration, a copy of an IEEE Board of

Directors memorandum regarding the disciplinary action at issue labeled "IEEE

159073/2024 Motion No. 002 Page 1 of 4

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[FILED: NEW YORK COUNTY CLERK 03/25/2025 12:04 P~ INDEX NO. 159073/2024

NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/25/2025

CONFIDENTIAL-CONTROLLED DISTRIBUTION: IEEE Board of Directors, IEEE Executive

Director and COO, Legal & Compliance Staff, Corporate Governance staff' (NYSCEF Doc. No.

56); Exhibit D to the Hinchey Affirmation, redacted minutes from the June 2020 IEEE Board of

Directors meeting at which revisions to IEEE Bylaw 1-110 and IEEE Policy 7.10, including the

creation of the CRC, were approved (NYSCEF Doc. No. 44); Exhibit E to the Hinchey

Affirmation, a copy of the minutes from the November 2020 IEEE Board of Directors meeting at

which Section 5 of the CRC Operations Manual- the section empowering the CRC to impose

disciplinary action- was revised (NYSCEF Doc. No. 45); and Exhibit F to the Hinchey

Affirmation, petitioner's submission to the SPS Board of Governors (NYSCEF Doc. No. 46).

22 NYCRR 216.l(a) provides:

"[ e]xcept where otherwise provided by statute or rule, a court shall not enter an

order in any action or proceeding sealing the court records, whether in whole or in

part, except upon a written finding of good cause, which shall specify the ground

thereof. In determining whether good cause has been shown, the court shall

consider the interests of the public as well as the parties."

In Mosallam v Berenson (76 AD3d 345,349 [1st Dept 2010]), the court summarizes the

governing legal principles as follows:

"Although the term 'good cause' is not defined, 'a sealing order should clearly be

predicated upon a sound basis or legitimate need to take judicial action' ( Gryphon

Dom. VJ, LLC, 28 AD3d at 325). 'A finding of 'good cause' presupposes that public

access to the documents at issue will likely result in harm to a compelling interest

of the movant' (Mancheski, 39 AD3d at 502). 'Confidentiality is clearly the

exception, not the rule' (Matter of Hofmann, 284 AD2d 92, 93-94 [2001]), and the

party seeking to seal court records has the burden to demonstrate compelling

circumstances to justify restricting public access (see Mancheski, 39 AD3d at 502;

Danco Labs., 274 AD2d at 8)."

Sealing may be appropriate to preserve the confidentiality of materials which involve the

internal finances of a party and are of more minimal public interest (see D 'Amocir v

Ohrenstein & Brown, LLP, 17 Misc 3d 1130[A], 2007 WL 4126386 at 42 [NY Sup Ct,

159073/2024 Motion No. 002 Page 2 of 4

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[FILED: NEW YORK COUNTY CLERK 03/25/2025 12: 04 PM] INDEX NO. 159 0 7 3/ 2 0 24

NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/25/2025

NY County 2007]). An order sealing court documents on grounds of privacy is often

appropriate where records to be sealed concern the identities, residents, or religious

affiliation of non-parties (see, e.g., Weinstein v Barnett, NYLJ, Mar. 24, 1995, at 30, col

1 [Sup Ct, NY County 1995]).

Some of the documents at issue (NYSCEF Docs. No. 48-52) are records of ethics

complaints made to the IEEE and subsequent proceedings. Document 56 is a resolution of the

Board of Directors labeled confidential which involves a proceeding against a non-party.

NYSCEF Doc. No. 46 is petitioner's submission in response to the ethics complaint against her,

which includes accusations of ethics violations against and by non-parties. Each document

involves ethics complaints and proceedings featuring at least one non-party to this action, and

they will be sealed.

Documents Number 53-55 are petitioner's counsel's communications to IEEE

officers about the ethics proceeding and determination. Any privacy rights in these

documents belong to petitioner, who opposes sealing. Documents 44 and 45, redacted

minutes of the Board of Directors' meetings at which the bylaws and the Ethics and

Member Conduct Committee Operations Manual were revised. Respondent does not

present good cause to seal these documents and the request to seal these documents is

denied.

For the reasons discussed above, it is hereby

ORDERED that the motion to seal (Motion Sequence No. 002), is hereby GRANTED IN

PART. It is further

ORDERED that the Clerk of the Court shall redact in public filing in this action: Exhibits

B, C, D, and E to the Lindbak Declaration, ethics complaints filed by certain IEEE members

against other IEEE members (NYSCEF Doc. Nos. 48-51); Exhibit F to the Lindbak Declaration,

a letter sent to an IEEE Society Leader (NYSCEF Doc. No. 52); Exhibit J to the Lindbak

159073/2024 Motion No. 002 Page 3 of 4

3 of 4

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[FILED: NEW YORK COUNTY CLERK 03/25/2025 12: 04 PM] INDEX NO. 159073/2024

NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/25/2025

Declaration, a copy of an IEEE Board of Directors memorandum regarding the disciplinary action

at issue (NYSCEF Doc. No. 56); and Exhibit F to the Hinchey Affirmation, petitioner's submission

to the SPS Board of Governors (NYSCEF Doc. No. 46); and it is further

ORDERED that the County Clerk, upon service on him of a copy of this order, is directed

to seal the abovementioned document and to separate these papers and to keep them separate from

the balance of the file in this action; and it is further

ORDERED that thereafter, or until further order of the court, the County Clerk shall deny

access to the said sealed papers to anyone (other than the staff of the County Clerk or the court)

except for counsel of record for any party to this case, a party, and any representative of counsel

of record for a party upon presentation to the County Clerk of written authorization from said

counsel; and it is further

ORDERED that counsel to plaintiffs shall serve a copy of this order by e-mail upon the

County Clerk (cc-nyef@courts.state.ny.us); and it is further

ORDERED that the motion is otherwise denied.

3/24/2025

DATE A(JltER M. TISCH, J.S.C.

CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION

GRANTED □ DENIED GRANTED IN PART □ OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

159073/2024 Motion No. 002 Page 4 of 4

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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