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MATTER OF CHERKIS v. IMPELLITTERI

282 A.D. 467 (1953)

In the Matter of Helen Cherkis, Respondent, v. Vincent R. Impellitteri, as Mayor of The City of New York, Appellant

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

October 6, 1953.

Attorney(s) appearing for the Case

Bernard Friedlander of counsel (Seymour B. Quel, W. Bernard Richland and Barbara Carroll with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for appellant.

Howard M. Squadron of counsel (Lois Waldman with him on the brief; Phillips, Nizer, Benjamin & Krim, attorneys), for respondent.

PECK, P. J., GLENNON, COHN and BOTEIN, JJ., concur in Per Curiam opinion; BREITEL, J., dissents and votes to reverse and dismiss the petition in opinion.

Per Curiam.

The question on this appeal is whether a report made to the Mayor of the City of New York by the Commissioner of Investigation is excepted from the public scrutiny of public documents provided by sections 893 and 894 of the City Charter under the clause of said sections excepting "papers prepared * * * by or for counsel for use in actions or proceedings to which the city or any agency is a party or for use in any investigation authorized by this...

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