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NEWSPAPERS v. MOSCZYDLOWSKI

58 A.D.2d 234 (1977)

In the Matter of Westchester Rockland Newspapers, Inc., Appellant, v. Aloysius Mosczydlowski, as Clerk of The City of Yonkers, et al., Respondents

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

July 11, 1977

Attorney(s) appearing for the Case

McCarthy, Fingar, Donovan & Glatthaar (Charles M. Feuer and Arthur D. Brennan of counsel), for appellant.

Eugene J. Fox, Corporation Counsel, for respondents.

MARTUSCELLO, J. P., and LATHAM, J., concur with COHALAN, J.; MOLLEN, J., concurs in the reversal of the judgment, but otherwise dissents and votes to grant the petition, with an opinion, in which RABIN, J., concurs.

COHALAN, J.

On April 7, 1976 20-year-old Steven Karagianis died while incarcerated in the Yonkers City Jail. The incident was widely reported in the press at the time. Immediately after the occurrence, the Internal Affairs Division of the Police Department investigated the death and its surrounding circumstances and prepared a comprehensive report thereon. This original report was eventually sent to the Corporation...

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