An appeals panel in Rochester has split 3-2 in tossing out a defamation action against the largest upstate newspaper, The Buffalo News, in a case that hinged on the absolute shield protecting accurate reporting of judicial proceedings.

Alf v. The Buffalo News, 12-00560, centered on Civil Rights Law §74, and the newspaper’s reporting on a federal plea bargain by a firm founded by plaintiff Christopher Alf. The firm, National Air Cargo Holdings (NAC), is a transportation business that coordinates the delivery of military equipment, medical supplies and other freight for the U.S. Air Force.