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MTR TROY PUB. CO. v. DWYER

110 A.D.2d 327 (1985)

In the Matter of Troy Publishing Company, Inc., Petitioner, v. M. Andrew Dwyer, Jr., as Judge of County Court of The County of Rensselaer, et al., Respondents

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

October 31, 1985

Attorney(s) appearing for the Case

O'Connell & Aronowitz (Peter L. Danziger of counsel), for petitioner.

Lawrence C. Connors (Arthur F. Glass, Jr., of counsel), for David M., respondent.

Robert Abrams, Attorney-General (Lisa Margaret Smith of counsel), for M. Andrew Dwyer, Jr., respondent.

MAIN, J. P., WEISS, LEVINE and HARVEY, JJ., concur.

YESAWICH, JR., J.

A felony complaint dated August 15, 1984 charged respondent David M.* with murder, robbery and burglary. Following a preliminary hearing held six days later, the charges were dismissed for lack of probable cause. A series of articles printed in a newspaper published by petitioner reported the events surrounding the homicide, David M.'s alleged involvement therein...

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