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MARTINELLI v. CITY CLERK, YONKERS

29 N.Y.2d 274 (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.

Court of Appeals of the State of New York.

Decided November 18, 1971.

Attorney(s) appearing for the Case

Morton N. Wekstein for appellant.

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

No appearance for intervenor-respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.

GIBSON, J.

The issue is one of statutory construction and it arises from the disputed designation of two official newspapers by the Common Council of the City of Yonkers at its 1970 organizational meeting. Involved were three newspapers: petitioner's Home News and Times, intervenor's The Record of Yonkers, both of which were Democratic weeklies, and the...

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