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CAPITAL NEWSPAPERS v. LEE

136 Misc.2d 494 (1987)

In the Matter of Capital Newspapers Division of the Hearst Corporation, Petitioner, v. George S. Lee, as Town Justice of the Justice Court of the Town of Canaan, Respondent.

Supreme Court, Special Term, Albany County.

July 23, 1987

Attorney(s) appearing for the Case

O'Connell & Aronowitz (Peter L. Danziger and Barbara G. Billet of counsel), for petitioner. Keith G. Flint for respondent.

LAWRENCE E. KAHN, J.

This CPLR article 78 proceeding seeks a declaration that the failure to afford Capital Newspapers the opportunity to be heard through counsel prior to closure of the Wyley Gates preliminary hearing, held on January 6, 1987, in the Canaan Town Justice Court, was arbitrary and capricious and resulted in a denial of due process.

Neither the defendant nor the Columbia County District...

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