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TIMES-UNION v. HARRIS

71 A.D.2d 333 (1979)

In the Matter of Times-Union of the Capital Newspaper Division of the Hearst Corporation et al., Petitioners, v. Joseph Harris, as Judge of the County Court of Albany County, et al., Respondents

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

December 13, 1979

Attorney(s) appearing for the Case

O'Connell & Aronowitz, P. C. (Peter L. Danziger of counsel), for petitioners.

Robert Lyman, County Attorney (William J. Conboy of counsel), for Joseph Harris, respondent.

Sol Greenberg, District Attorney (George H. Barber of counsel), respondent, pro se.

MAHONEY, P. J., SWEENEY, KANE, MAIN and HERLIHY, JJ., concur.

Per Curiam.

Firstly, we note that the respondents objected to the lack of capacity of the petitioners, originally named "Times Union of the Capitol Newspaper Group and Shirley Armstrong". In petitioners' reply to the answer, they seek leave to amend the caption to read "Times Union of the Capitol Division of the Hearst Corporation and Shirley Armstrong". Since the objection to the caption is unrelated to the substantive...

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