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JOHNSON NEWSPAPER v. MELINO

151 A.D.2d 214 (1989)

In the Matter of Johnson Newspaper Corporation, Doing Business as Watertown Daily News, Appellant, v. Joseph Melino, as Supervisor of The Office of Professional Discipline, New York State Department of Education, et al., Respondents

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

November 16, 1989

Attorney(s) appearing for the Case

Bond, Schoeneck & King (S. Paul Battaglia of counsel), for appellant.

Robert E. Diaz (Charles E. O'Brien of counsel), for Joseph Melino and another, respondent.

Emil M. Rossi for Andrew W. Griffiths, respondent.

KANE, J. P., YESAWICH, JR., and LEVINE, JJ., concur with MIKOLL, J.; MERCURE, J., dissents and votes to reverse in an opinion.

MIKOLL, J.

The issue to be resolved is whether the State's strong policy of public access to judicial and administrative proceedings is applicable to a disciplinary proceeding involving a professional under Education Law § 6510 (3). We concur with Supreme Court's holding which found "a countervailing presumption of confidentiality with respect to disciplinary proceedings" and that "the closure of professional...

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