Document Type


Publication Date



Defendant-appellant The Hon. Glenn R. Morton ("Judge Morton"), Judge of the County Court of the County of Genesee, appeals from a summary judgment entered in the United States District Court for the Western District of New York (Elfvin, J.) declaring that his closure of a pre-trial suppression hearing was unconstitutional and allowing plaintiff to recover against him its reasonable costs and counsel fees. The action was commenced by plaintiff-appellee Johnson Newspaper Corporation d/b/a The Batavia Daily News ("Batavia News") following the issuance by Judge Morton of an order that prevented its news reporters from attending a suppression hearing in a criminal case pending in the Genesee County Court. Because we find that declaratory relief is inappropriate under the circumstances, we reverse and direct the entry of judgment in favor of Judge Morton.


862 F.2d 25 (1988)

JOHNSON NEWSPAPER CORPORATION d/b/a The Batavia News, Plaintiff-Appellee,


The Hon. Glenn R. MORTON, Judge of the County Court of the County of Genesee, Defendant-Appellant.

No. 1328, Docket 88-7283.

United States Court of Appeals, Second Circuit.

Argued August 18, 1988. Decided November 29, 1988.

New York Law School location: File #616, Box #121