NEW YORK TIMES CO. v. BELL


135 A.D.2d 182 (1988)

In the Matter of New York Times Company et al., Petitioners, v. Howard E. Bell et al., as Justices of the Supreme Court, New York County, et al., Respondents

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

January 21, 1988


Attorney(s) appearing for the Case

George Freeman, Kenneth A. Richieri and Deborah R. Linfield of counsel, for New York Times Company and others, petitioners.

Slade R. Metcalf and Mark H. Jackson of counsel (Squadron, Ellenoff, Plesent & Lehrer, attorneys), for New York Broadcasters Courtroom Pool, petitioner.

Howard L. Zwickel and Frederic L. Lieberman of counsel (Robert Abrams, Attorney-General, attorney), for Howard E. Bell and another, respondents.

Roger L. Stavis and Jack T. Litman of counsel (Litman, Asche, Lupkin & Gioiella, attorneys), for Robert Chambers, respondent.

Mark Dwyer and Marc Frazier Scholl of counsel (Robert M. Morgenthau, District Attorney), for People of the State of New York.

SULLIVAN, ELLERIN and SMITH, JJ., concur with KASSAL, J.; KUPFERMAN, J. P., dissents in part in an opinion.


KASSAL, J.

The threshold issue before this court is whether CPLR article 78 provides for review by the Appellate Division of the orders of the presiding Trial Justice and the Administrative Justice denying audio-visual coverage of a criminal case.

Petitioners are a group of media entities who filed applications, pursuant to newly enacted Judiciary Law § 218 and its implementing court rules 22 NYCRR...

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