a. Rules for active investigations.

Laureano v. Grimes, 179 A.D.2d 602, 579 N.Y.S.2d 357, (1st Dep't 1992) (granting access to police memo books of investigation where no assertion of promise of confidentiality and confidentiality, if given, was lost since witnesses later testified); Ennis v. Slade, 179 A.D.2d 558, 579 N.Y.S.2d 59, (1st Dep't 1992), motion for leave to appeal denied, 79 N.Y.2d 758 (1992) (denying access to records of narcotics buy operation); Scott v. Chief Medical Examiner, 179 A.D.2d 443, 577 N.Y.S.2d 861 (1st Dep't 1992) (denying access to police officer's memo book as exempt interagency material and as private property of officer); Cornell Univ. v. City of New York Police Dep't, 153 A.D.2d 515, 544 N.Y.S.2d 356 (1st Dep't 1989), leave denied, 75 N.Y.2d 707 (1990) (granting disclosure of police investigative file where witnesses were not promised anonymity); New York News Inc. v. Office of the Special State Prosecutor of the State of New York, 153 A.D.2d 512, 544 N.Y.S.2d 151 (1st Dep't 1989) (denying access to investigative materials on possibility that investigation may be reopened); Auburn Publisher Inc. v. City of Auburn, 147 A.D.2d 900 (4th Dep't 1989) (denying access to affidavits in police investigation); The National Alliance v. New York City Police Department, No. 21553/91 (Sup. Ct., New York County, March 10, 1992) (granting access to investigative records in absence of showing that disclosure would interfere with investigation); New York News v. Koch, N.Y.L.J., May 22, 1987 (Sup. Ct., New York County, 1987) (denying access to records pertaining to a pending investigation of Bess Myerson on basis of prejudice to fair trial rights, harm to witnesses, confidential information and privacy rights); In re Estate of Schwartz, 130 Misc.2d 786, 497 N.Y.S.2d 834 (Sur. Ct. 1986) (denying access to records of police and DA concerning possible homicide, without prejudice to a renewed request following completion of investigation or if criminal proceeding not commenced); Foley v. Wilson, No. 20250 (Sup. Ct., Wayne County, Nov. 23, 1982) (directing that records relating to pending investigation and criminal action be made available only after completion of proceedings, including breathalyzer test results and operation checklist); Butler v. McGuire, No. 40039/80 (Sup. Ct., New York County, June 2, 1980) (denying access to deliberative, advisory material prepared to assist DA in deciding whether to seek indictment in a homicide case); Glantz v. Lupkin, 100 Misc.2d 453, 419 N.Y.S.2d 34 (Sup. Ct. 1979) (denying access to Organized Crime Control Bureau report on grounds of interference with ongoing police investigation of organized crime); Maffeo v. New York Organized Crime Task Force, Index No. 92-18502 (Sup. Ct., Westchester County April 14, 1993) (denying disclosure of applications made and warrants issued for eavesdropping surveillance pursuant to CPL 700.55; denying access to investigation interviews and lists prepared by the FBI; granting access to trial testimony transcripts).