NEW YORK - The Eric Garner case could soon find itself in front of the state's highest court.

The Legal Aid Society and a Manhattan-based law firm filed a motion, which would give them the option of arguing the case in front of the state's Court of Appeals.

They want the Civilian Complaint Review Board to release the disciplinary records of Daniel Pantaleo, the NYPD officer who put Garner in a fatal chokehold more than three years ago on Staten Island.

They have also filed an appeal against the NYPD for not releasing key records relating to Garner's death.

They say the Department denied them "personnel orders" which were previously available to the public, and were told they would no longer give them out to the media.

In June, a judge ruled the matter fell under a civil rights law, which protects police actions from public scrutiny.

The CCRB admitted last month Pantaleo used a banned procedure and improper force.

Garner's death was ruled a homicide.

The Department of Justice is still investigating to see if it will bring federal civil rights charges against the NYPD.