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MATTER OF NEWS v. HIMELEIN

262 A.D.2d 1072 (1999)

692 N.Y.S.2d 247

In the Matter of BUFFALO NEWS, a Division of BERKSHIRE-HATHAWAY, INC., et al., Petitioners, v. LARRY M. HIMELEIN, as Cattaraugus County Court Judge, et al., Respondents.

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

Decided June 18, 1999.

Petition unanimously dismissed without costs.

Memorandum:

By order to show cause, petitioners, two newspapers and a news service, commenced this CPLR article 78 proceeding seeking a judgment compelling the release of an unredacted transcript of a preliminary hearing held in Salamanca City Court in an underlying criminal prosecution. The hearing had been closed and the records sealed by the City Court Judge at the request of defense counsel and without opposition...

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