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MTR. OF OLIVER v. POSTEL

37 A.D.2d 498 (1971)

In the Matter of Richard Oliver et al., Individually and on Behalf of Other Members of the Public and Press Similarly Situated, Petitioners, v. George Postel, Individually and as a Justice of the Supreme Court of The State of New York, Respondent

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

December 1, 1971.

Attorney(s) appearing for the Case

Jacob D. Fuchsberg of counsel (Murray L. Lewis and Leo Pfeffer with him on the brief; Fuchsberg & Fuchsberg, attorneys), for petitioners.

Robert S. Hammer of counsel (Samuel A. Hirshowitz with him on the brief; Louis J. Lefkowitz, Attorney-General, attorney), for respondent.

Henry J. Boitel of counsel (Maurice Edelbaum, attorney), for Carmine J. Persico, Jr., amicus curiae.

The New York Times Company, Inc., National Broadcasting Company, Inc., Columbia Broadcasting System, Inc., The New York Post Co., The Radio-Television News Directors Association, New York News, Inc., Newspaper Reporters Association of New York, Inc., New York Civil Liberties Union, Sam Polur, amici curiae.

MARKEWICH, J. P., and STEUER, J., concur with KUPFERMAN, J.; TILZER, J., concurs in an opinion; MURPHY, J., dissents in an opinion.

KUPFERMAN, J.

This is a petition in an article 78 proceeding by five newspapermen to compel "Respondent to open his court to the public and press".

Leave has been given for briefs amici curiae by various newspaper and broadcasting organizations and other interested parties. A brief has also been filed on behalf of Carmine J. Persico, Jr., the defendant in a criminal trial which prompts this proceeding...

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