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MARTINELLI v. CITY CLERK, YONKERS

36 A.D.2d 242 (1971)

In the Matter of Ralph Martinelli, Doing Business as Home News and Times, Appellant, v. City Clerk of the City of Yonkers et al., Respondents, and Y R Corporation, Doing Business as The Record of Yonkers, Intervenor-Respondent

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

April 12, 1971.

Attorney(s) appearing for the Case

Wekstein & Friedman (Morton N. Wekstein of counsel), for appellant.

Maurice F. Curran, Corporation Counsel (Eugene J. Fox and Michael J. Trainor, Jr., of counsel), for respondents.

Adler & Adler for intervenor-respondent.

MUNDER, Acting P. J., dissents and votes to reverse the judgment and to remit the proceeding to the Special Term for a determination consistent with the views expressed in his dissenting opinion.

SHAPIRO, J.

In this proceeding pursuant to article 78 of the CPLR the Special Term denied the petitioner's application to compel respondents, officials of the City of Yonkers, to recognize his weekly newspaper, the Home News and Times, as an official newspaper of the City of Yonkers. He now appeals to this court, contending that he is entitled to such relief because the respondent city officials failed...

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