Opinion

Davis v. State

  • 54 A.D.2d 126
  • 388 N.Y.S.2d 143
  • 1976 N.Y. App. Div. LEXIS 13735
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Oct 28, 1976
Status
Published
Author
Mahoney
On the bench
Larkin, Mahoney
Cited by
15 cases

damages for wrongful release of confidential information

How later courts described this case

  • damages for wrongful release of confidential information

Written by the judges who cited it.

The opinion

Mahoney, J. (concurring).

We find CPL 720.35 and section 81 of the General Business Law irreconcilable. The latter section destroys the apparent protection of youthful offenders insured by the provisions of the Criminal Procedure Law in the most critical of areas, securing employment. However, we do not feel a claim lies against the State in an instance where, as here, the official charged with the statutory duty of informing licensees of the past records of job applicants, carried out that duty.

We concur in the result only.

Greenblott, J. P., and Reynolds, J., concur with Larkin, J. Sweeney and Mahoney, JJ., concur in the result only in an opinion by Mahoney, J.

Order reversed, on the law, and claim dismissed, without costs.

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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