Garcia v. Abrams

Appellate Division of the Supreme Court of New York

Garcia v. Abrams

101 A.D.2d 601, 471 N.Y.S.2d 161, 1984 N.Y. App. Div. LEXIS 18142

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 2, 1984

StatusPublished

Cited by5 cases

This text of 101 A.D.2d 601 (Garcia v. Abrams) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Garcia v. Abrams, 101 A.D.2d 601, 471 N.Y.S.2d 161, 1984 N.Y. App. Div. LEXIS 18142 (N.Y. Ct. App. 1984).

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Opinion

Motion for reconsideration of decision dated December 8, 1983 [98 AD2d 871], granted, without costs, and upon reconsideration, the last two paragraphs of said decision are amended to read as follows: 11 “However, we disagree with Special Term’s conclusion that petitioner is entitled to attorney’s fees in the CPLR article 78 proceeding. There is clearly no statutory authority under section 17 for attorney’s fees in connection with the bringing of an article 78 proceeding, nor does this proceeding fit within the allowance provisions of CPLR 8303. I “Judgment modified, on the law, without costs, by reversing so much thereof as awarded counsel fees in the CPLR article 78 proceeding, and, as so modified, affirmed.” 11 The ordering paragraph of this court’s order entered January 24, 1984, is amended to read as follows: “ordered that the judgment is modified, on the law, without costs, by reversing so much thereof as awarded counsel fees in the CPLR article 78 proceeding, and, as so modified, affirmed.” Mahoney, P. J., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.

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Motion for reconsideration of decision dated December 8, 1983 [98 AD2d 871], granted, without costs, and upon reconsideration, the last two paragraphs of said decision are amended to read as follows: 11 “However, we disagree with Special Term’s conclusion that petitioner is entitled to attorney’s fees in the CPLR article 78 proceeding. There is clearly no statutory authority under section 17 for attorney’s fees in connection with the bringing of an article 78 proceeding, nor does this proceeding fit within the allowance provisions of CPLR 8303. I “Judgment modified, on the law, without costs, by reversing so much thereof as awarded counsel fees in the CPLR article 78 proceeding, and, as so modified, affirmed.” 11 The ordering paragraph of this court’s order entered January 24, 1984, is amended to read as follows: “ordered that the judgment is modified, on the law, without costs, by reversing so much thereof as awarded counsel fees in the CPLR article 78 proceeding, and, as so modified, affirmed.” Mahoney, P. J., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.

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Bluebook (online)

101 A.D.2d 601, 471 N.Y.S.2d 161, 1984 N.Y. App. Div. LEXIS 18142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-abrams-nyappdiv-1984.

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