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MTR HERALD CO v. WEISENBERG

89 A.D.2d 224 (1982)

In the Matter of Herald Company, Inc., Appellant, v. David Weisenberg, as Administrative Law Judge, et al., Respondents

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

October 29, 1982

Attorney(s) appearing for the Case

Bond, Schoeneck & King (S. Paul Battaglia of counsel), for appellant.

Theodore Weinstein for David Weisenberg, respondent.

Robert Abrams, Attorney General (Lawrence Zimmerman of counsel), for New York State Department of Labor, respondent.

DENMAN, MOULE and SCHNEPP, JJ., concur.

DILLON, P. J.

We are here asked to decide whether an administrative law judge has the authority to close to the public and the press an unemployment insurance compensation hearing without conducting a preliminary inquiry to determine the need for closure and without first affording the press an opportunity to be heard. We hold that he may not.

The facts may be briefly stated. Two attorneys employed by...

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