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  5. 47 N.Y.2d 985 (1979)
 

MATTER OF MEROLA v. BELL

47 N.Y.2d 985 (1979)

In the Matter of Mario Merola, on Behalf of the People of the State of New York, Appellant, v. Howard E. Bell, as a Justice of the Supreme Court of the State of New York, et al., Respondents. In the Matter of New York News, Inc., Appellant, v. Howard E. Bell, as a Justice of the Supreme Court of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 9, 1979.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Alan D. Marrus of counsel), appellant pro se.

Rudolph W. Giuliani for New York News, Inc., appellant.

Robert Abrams, Attorney-General (Robert J. Schack and Shirley Adelson Siegel of counsel), for HOWARD E. BELL, as a Justice of the Supreme Court of the State of New York, respondent.

Stanley Green for Robert Davis, respondent.

Chief Judge COOKE, and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur; Judge FUCHSBERG taking no part.

MEMORANDUM.

The judgments appealed from should be affirmed, with costs, on the opinion of Mr. Justice JOSEPH P. SULLIVAN at the Appellate Division, with the additional comments which follow concerning the procedures used by the trial court in this matter.

In this case it appears without doubt that there was a fulfillment of the requirements laid down in Matter of Gannett Co. v De Pasquale (

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