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MATTER OF LYNCH v. NEW YORK CITY CIVILIAN COMPLAINT REVIEW BD.

Index No. 154653/21, Appeal Nos. 16202, M-02131, Case No. 2021-04687.

206 A.D.3d 558 (2022)

171 N.Y.S.3d 482

2022 NY Slip Op 04122

In the Matter of Patrick J. Lynch et al., Appellants, v. New York City Civilian Complaint Review Board et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 28, 2022.

Attorney(s) appearing for the Case

Golenbock Eiseman Assor Bell & Peskoe LLP, New York (Matthew C. Daly of counsel), for appellants.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Kevin Osowski of counsel), for respondents.

Guadalupe Victoria Aguirre and Christopher Dunn, New York, for the New York Civil Liberties Union Foundation, amicus curiae.

Sandra S. Park, New York, for the American Civil Liberties Union, Women's Rights Project, amicus curiae.

Concur—Gische, J.P., Kern, Mazzarelli, Singh, Rodriguez, JJ.

In a prior proceeding, this Court determined that a resolution from the CCRB, announcing that it would begin investigating allegations of sexual misconduct by civilians against police officers, was a nullity because the CCRB did not follow the public vetting processes required by the City Administrative Procedure Act (CAPA) for adopting new rules (Matter of Lynch v New York City Civilian Complaint Review Bd., 183 A.D.3d 512, 518 [1st Dept 2020], lv denied 36...

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