Herald Co., Inc. v. Mariani, 67 N.Y.2d 668 (1986)
When a criminal case involving a juvenile is transferred to Family Court, the confidentiality rules of Family Court apply, and any application for release of records must be made to the Family Court, not through an Article 78 proceeding challenging the prior court’s order.
Summary
Herald Company sought release of a transcript from a preliminary hearing in City Court regarding a rape case involving a 13-year-old victim and a 15-year-old defendant. The case was transferred to Family Court. The Supreme Court granted Herald’s petition for a redacted copy of the transcript, but the Appellate Division reversed, stating the Supreme Court lacked jurisdiction after the transfer. The New York Court of Appeals affirmed, holding that after the transfer, Family Court confidentiality rules govern, and applications for release of the transcript must be made to the Family Court.
Facts
A 13-year-old was allegedly raped by a 15-year-old. A preliminary hearing was held in Syracuse City Court. Herald Company sought the transcript of the testimony given by the victim at the hearing. The City Court Judge denied Herald’s application. Subsequently, the underlying criminal matter was transferred to Onondaga County Family Court at the request of the Grand Jury.
Procedural History
Herald Company commenced an Article 78 proceeding in Supreme Court, Onondaga County, seeking to prohibit enforcement of the City Court’s order denying access to the transcript. The Supreme Court granted the petition, ordering respondents to provide Herald with a redacted copy. The Appellate Division reversed, holding that upon removal of the case to Family Court, the Supreme Court lacked jurisdiction to rule on Herald’s request. Herald Company appealed to the New York Court of Appeals.
Issue(s)
Whether, after a criminal case involving a juvenile is transferred to Family Court, the Supreme Court retains jurisdiction in an Article 78 proceeding to order the release of transcripts from proceedings held before the transfer; or whether the Family Court’s confidentiality rules govern access to those records.
Holding
No, because upon transfer to Family Court, the confidentiality rules applicable to juvenile delinquency proceedings in Family Court govern access to the records; any application for release of the transcript must be made to Family Court.
Court’s Reasoning
The Court of Appeals reasoned that while Supreme Court generally has jurisdiction in Article 78 proceedings, the key issue is the impact of the transfer of the case and all records to Family Court. The court acknowledged CPL 725.10(2), which provides for continuity in proceedings despite transfer, but emphasized that this section cannot divest Family Court of its responsibility to consider the needs and best interests of the juvenile, a power not shared by City Court. The Court highlighted Family Court Act § 301.1. The court emphasized CPL 725.15, which mandates that official records of an action preceding removal become “confidential and must not be made available to any person or public or private agency” except in accordance with Family Court procedures. The Court stated, “In this situation, then, it is apparent that the City Court order cannot simply be ‘deemed’ a Family Court order subject to review in an article 78 proceeding.” The Court concluded that any application for release of the transcript must be made to Family Court and determined based on standards applicable to juvenile delinquency proceedings. The ruling reinforces the confidentiality and protection afforded to juveniles within the Family Court system, preventing circumvention through Article 78 proceedings targeting prior court orders. The Court emphasized the importance of maintaining the “traditional Family Court veil of confidentiality”.