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ROCKLAND NEWSPAPERS v. MARBACH

66 A.D.2d 335 (1979)

In the Matter of Westchester Rockland Newspapers, Inc., Petitioner, v. John C. Marbach, as Justice of the Supreme Court, et al., Respondents

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

February 20, 1979

Attorney(s) appearing for the Case

Kent, Hazzard, Jaeger, Freeman, Greer & Wilson (Otto C. Jaeger, William J. Greer and Emery M. Anderson of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Joseph W. Henneberry of counsel), for John C. Marbach, respondent.

Miller, Montgomery, Sogi, Brady & Taft (Lester Nelson and Jeffrey W. Herrmann of counsel), for Holy Spirit Association for the Unification of World Christianity Inc. respondent.

DAMIANI, J. P., O'CONNOR, RABIN and MARGETT, JJ., concur in Per Curiam opinion; SHAPIRO, J., dissents in part and concurs in part, with a memorandum.

Per Curiam.

This is a proceeding pursuant to CPLR article 78 to prohibit enforcement of so much of an order of the Supreme Court, Westchester County (MARBACH, J.), dated November 17, 1978, as barred representatives of the media from attending any examinations before trial and prohibited them from obtaining a transcript of the depositions in an action pending in the Supreme Court, Westchester County.

The proceeding...

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