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GANNETT CO. v. DEPASQUALE

55 A.D.2d 107 (1976)

In the Matter of Gannett Co., Inc., Petitioner, v. Daniel A. DePasquale, as Judge of The Seneca County Court, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 17, 1976

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Robert Bernius of counsel), for petitioner.

John M. Sipos (Alan Marrus of counsel), for Daniel A. DePasquale, respondent.

Thomas L. Jones (Alan Marrus of counsel), for Kyle E. Greathouse, respondent.

Stuart O. Miller (Alan Marrus of counsel), for David R. Jones, respondent.

Walter J. Ward, District Attorney, (Alan Marrus of counsel), respondent pro se.

MOULE, J. P., SIMONS, DILLON and GOLDMAN, JJ., concur.

Per Curiam.

Petitioner Gannett Co., Inc. seeks an order of prohibition pursuant to CPLR article 78 vacating and prohibiting enforcement of two orders of the Seneca County Court which excluded the public and press from a pretrial Huntley hearing in a criminal prosecution involving two defendants charged with murder.

Petitioner owns and operates two daily newspapers and one television station in the Rochester...

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