Practice point: New York courts are reluctant to allow the sealing of court
records even where both sides to the litigation have asked that the records be sealed. The presumption of the benefit of public access to court
proceedings takes precedence, and sealing of court papers is permitted
only to serve compelling objectives, such as when the need for secrecy
outweighs the public's right to access. Here, the Supreme Court did not specify the grounds for sealing the record, and it did not issue a finding of good cause. Accordingly, the Appellate Division directed that
the record be unsealed.
Student note: 22 NYCRR 216.1(a),
states, in pertinent part, that "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 grounds thereof."
Case: Matter of Holmes v. Winter, NY Slip Op 05666 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Assignments.
