N.Y. Judiciary Law § 45: Confidentiality of records

§ 45. Confidentiality of records. 1. Except as hereinafter provided,

all complaints, correspondence, commission proceedings and transcripts

thereof, other papers and data and records of the commission shall be

confidential and shall not be made available to any person except

pursuant to section forty-four of this article. The commission and its

designated staff personnel shall have access to confidential material in

the performance of their powers and duties. If the judge who is the

subject of a complaint so requests in writing, copies of the complaint,

the transcripts of hearings by the commission thereon, if any, and the

dispositive action of the commission with respect to the complaint, such

copies with any reference to the identity of any person who did not

participate at any such hearing suitably deleted therefrom, except the

subject judge or complainant, shall be made available for inspection and

copying to the public, or to any person, agency or body designated by

such judge.

2. Notwithstanding any provision in this section, the commission, with

the consent of the applicant, shall provide the record of any proceeding

pursuant to a formal written complaint against an applicant for judicial

appointment in which the applicant's misconduct was established, any

pending complaint against an applicant, and the record to date of any

pending proceeding pursuant to a formal written complaint against an

applicant for judicial appointment:

(a) to the commission on judicial nomination established by article

three-A of this chapter, with respect to applicants for appointment to

the court of appeals;

(b) to the governor with respect to all applicants whom the governor

indicates are under consideration for any judicial appointment; and

(c) to the temporary president of the senate and the chairman of the

senate judiciary committee with respect to all nominees for judicial

appointments which are subject to the advice and consent of the senate.

The commission shall respond within fifteen days of a request for the

information provided for in this subdivision.