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ASSOCIATED PRESS v. BELL

128 A.D.2d 59 (1987)

In the Matter of Associated Press et al., Petitioners, v. Howard E. Bell, Individually, and as a Justice of The Supreme Court of the State of New York, County of New York, et al., Respondents

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

May 13, 1987

Attorney(s) appearing for the Case

David A. Schulz and Daniel F. Primer of counsel (David A. Thurm and Marjorie Thalheimer Coleman with them on the brief; Rogers & Wells, attorneys), for The Associated Press and others, petitioners.

Devereux Chatillon of counsel (Floyd Abrams, Dean Ringel, Craig A. Newman and Seth Goodchild with him on the brief; Cahill Gordon & Reindel, attorneys), for National Broadcasting Company and others, petitioners.

Ronald E. Guttman and Douglas P. Jacobs for CBS Inc., petitioner.

Jack T. Litman and Roger L. Stavis of counsel (Litman, Asche, Lupkin & Gioiella, attorneys), for Robert Chambers, defendant in the underlying action.

Frederic L. Lieberman of counsel (Robert Abrams, Attorney-General), for respondent.

Linda A. Fairstein of counsel (Robert M. Morgenthau, District Attorney, attorney), for People of the State of New York, plaintiff in the underlying action.

CARRO, J. P., ASCH, ROSENBERGER, ELLERIN and WALLACH, JJ., concur.

Per Curiam.

Petitioners, who are newspapers, the Associated Press and local television stations, have brought this CPLR article 78 proceeding seeking to enjoin respondent Justice of the Supreme Court from conducting closed pretrial proceedings in the criminal action before us. The People also urge reversal and an opening of these hearings to the public. Defendant seeks closure, arguing that publicity with respect to evidence...

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