In determining whether to grant a plaintiff's motion to proceed anonymously, the court must use its discretion in balancing the plaintiff's privacy interest against the presumption in favor of open trials and against any potential prejudice to the defendant. Among the factors the court should consider are: (1) whether the plaintiff is challenging governmental activity or an individual's actions; (2) whether the action requires disclosure of information of the utmost intimacy; (3) whether identification would put the plaintiff or an innocent third-party at risk of physical or mental injury; (4) whether the defendant would be prejudiced by allowing the plaintiff to proceed anonymousl; and (5) the public interest in guaranteeing open access to proceedings without denying litigants access to the justice system.
Roe v. Harborfields Cent. Sch. Dist., NY Slip Op 00341 (2d Dep't January 25 2023)
