Auburn Publishers, Inc. v. Netti

229 A.D.2d 988, 645 N.Y.S.2d 204, 1996 N.Y. App. Div. LEXIS 9040

Opinion

—Order unanimously reversed on the law with costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Petitioner appeals from an order denying its application for attorney’s fees pursuant to Public Officers Law § 107 (2). The court denied the application based upon its belief that it could award attorney’s fees only where violations of the Open Meetings Law were repetitious or egregious; that belief is erroneous (see, Gordon v Village of Monticello, 87 NY2d 124, 126-128). We therefore remit the matter to Supreme Court for determination of the application in accordance with the standard set forth in Gordon v Village of Monticello (supra, at 126-128). (Appeal from Order of Supreme Court, Cayuga County, Corning, J.—Attorney’s Fees.) Present—Pine, J. P., Lawton, Wesley, Balio and Davis, JJ.