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JOURNAL PUB v. PROSECUTOR

131 Misc.2d 417 (1986)

In the Matter of Journal Publishing Company, Petitioner, v. Office of the Special Prosecutor, Respondent.

Supreme Court, New York County.

January 23, 1986

Attorney(s) appearing for the Case

Pryor, Cashman, Sherman & Flynn (Nathaniel H. Akerman of counsel), for petitioner. Charles J. Hynes, Deputy Attorney-General (Jill K. Simon of counsel), for respondent.

FELICE K. SHEA, J.

This CPLR article 78 proceeding, brought to review the denial of a request made under the Freedom of Information Law (Public Officers Law art 6 [FOIL]), presents the question of whether tape recordings made in the course of a criminal investigation should be disclosed to a newspaper for use in defense of a libel action. Petitioner, The Journal Publishing Company, owns the Albuquerque Journal...

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