February 22, 1994 Appeal from the Supreme Court, Westchester County (Burrows, J.). Ordered that the order is affirmed, with costs. This action was commenced by the plaintiff against a newspaper based on an article which reported a previous lawsuit between the plaintiff and the newspaper, and the court's decision dismissing her complaint in that case. A comparison between the article and the court's decision reveals that it was substantially accurate and therefore a "fair and true" report of a judicial
Argued October 5, 1982 Decided November 16, 1982 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, RICHARD N. DONOVAN, J. S. Paul Battaglia for appellants. Joseph A. Ryan and Carl T. Putzer for respondents. Order affirmed, with costs, and question certified answered in the affirmative for reasons stated in the opinion by Justice RICHARD D. SIMONS at the Appellate Division ( 84 A.D.2d 470). Concur: Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER
(a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review