Westchester Rockland Newspapers, Inc. v. Leggett

Appellate Division of the Supreme Court of New York

Westchester Rockland Newspapers, Inc. v. Leggett

70 A.D.2d 1066, 421 N.Y.S.2d 545, 1978 N.Y. App. Div. LEXIS 14418

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 17, 1978

StatusPublished

This text of 70 A.D.2d 1066 (Westchester Rockland Newspapers, Inc. v. Leggett) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Westchester Rockland Newspapers, Inc. v. Leggett, 70 A.D.2d 1066, 421 N.Y.S.2d 545, 1978 N.Y. App. Div. LEXIS 14418 (N.Y. Ct. App. 1978).

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Opinion

— Proceeding pursuant to CPLR article 78, inter alia, to prohibit enforcement of an order which excluded all members of the public from a hearing held pursuant to CPL article 730. Proceeding dismissed, without costs or disbursements. As the hearing in question has been concluded, this proceeding may be considered moot. However, even if it not be deemed moot (see Matter of Jones v Berman, 37 NY2d 42, 57; East Meadow Community Concerts Assn, v Board of Educ., 18 NY2d 129, 135), we would nevertheless dismiss the petition on the ground that the action of the respondent Judge constituted a proper exercise of discretion (see Matter of Gannett Co. v De Pasquale, 43 NY2d 370). Suozzi, J. P., Gulotta, Cohalan and Margett, JJ., concur.

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— Proceeding pursuant to CPLR article 78, inter alia, to prohibit enforcement of an order which excluded all members of the public from a hearing held pursuant to CPL article 730. Proceeding dismissed, without costs or disbursements. As the hearing in question has been concluded, this proceeding may be considered moot. However, even if it not be deemed moot (see Matter of Jones v Berman, 37 NY2d 42, 57; East Meadow Community Concerts Assn, v Board of Educ., 18 NY2d 129, 135), we would nevertheless dismiss the petition on the ground that the action of the respondent Judge constituted a proper exercise of discretion (see Matter of Gannett Co. v De Pasquale, 43 NY2d 370). Suozzi, J. P., Gulotta, Cohalan and Margett, JJ., concur.

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Bluebook (online)

70 A.D.2d 1066, 421 N.Y.S.2d 545, 1978 N.Y. App. Div. LEXIS 14418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westchester-rockland-newspapers-inc-v-leggett-nyappdiv-1978.

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