MATTER OF MARTINELLI v. DEIERLEIN


279 A.D.2d 628 (2001)

719 N.Y.S.2d 712

In the Matter of RALPH R. MARTINELLI, Doing Business as HOME NEWS AND TIMES, Respondent, v. JOAN C. DEIERLEIN, as City Clerk of the City of Yonkers, et al., Respondents, and WESTFAIR COMMUNICATIONS, INC., et al., Appellants.

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

Decided January 29, 2001.


Ordered that the judgment is reversed, on the law, with costs, the proceeding is dismissed on the merits, and it is declared that the "Home News and Times" is not the official weekly newspaper of the City of Yonkers.

The City of Yonkers may, in the exercise of its home rule powers, enact provisions in its City Charter which supersede and are inconsistent with the terms of the Second Class Cities Law § 43 concerning the designation of official newspapers (see...

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