The Court of Appeals has thrown out a libel action against upstate's largest newspaper, The Buffalo News, holding that the paper fairly reported on a judicial proceeding and is therefore entitled to immunity under Civil Rights Law §74. On Thursday, the court unanimously affirmed the Appellate Division, Fourth Department, in Alf v. The Buffalo News, 209, and vindicated the paper's reporting of a matter involving a military contractor.
The case resulted from a federal proceeding in which National Air Cargo Holdings (NAC) pleaded guilty to falsifying a record and agreed to pay $28 million in fines and restitution to end a lengthy probe into alleged overcharges to the military. Neither the firm nor its founder, Christopher Alf, was charged with a crime, but the newspaper published articles indicating that NAC admitted "cheating" the government and that Alf evaded prison by hiring "the best lawyers money could buy."
