Gumo v. Inc. Village of Malverne

Appellate Division of the Supreme Court of New York

Gumo v. Inc. Village of Malverne

260 A.D.2d 577, 686 N.Y.S.2d 733, 1999 N.Y. App. Div. LEXIS 4076

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

DecidedApril 19, 1999

StatusPublished

This text of 260 A.D.2d 577 (Gumo v. Inc. Village of Malverne) 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.

Bluebook

Gumo v. Inc. Village of Malverne, 260 A.D.2d 577, 686 N.Y.S.2d 733, 1999 N.Y. App. Div. LEXIS 4076 (N.Y. Ct. App. 1999).

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Opinion

—In a proceeding pursuant to CPLR article 78 to compel the production of certain documents under the Freedom of Information Law (Public Officers Law § 89), the petitioner appeals from a judgment of the Supreme Court, Nassau County (Bucaria, J.), dated January 29, 1998, which dismissed the proceeding and denied her application for an award of an attorney’s fee.

Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the petitioner’s contention, the court properly dismissed the proceeding as academic and, thus, properly denied her application for an award of an attorney’s fee (see, Matter of Corvetti v Town of Lake Pleasant, 239 AD2d 841; Matter of Almodovar v Altschuller, 232 AD2d 700).

The respondents’ request for the imposition of a sanction against the petitioner is denied. Altman, J. P., Friedmann, Mc-Ginity and Luciano, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to compel the production of certain documents under the Freedom of Information Law (Public Officers Law § 89), the petitioner appeals from a judgment of the Supreme Court, Nassau County (Bucaria, J.), dated January 29, 1998, which dismissed the proceeding and denied her application for an award of an attorney’s fee.

Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the petitioner’s contention, the court properly dismissed the proceeding as academic and, thus, properly denied her application for an award of an attorney’s fee (see, Matter of Corvetti v Town of Lake Pleasant, 239 AD2d 841; Matter of Almodovar v Altschuller, 232 AD2d 700).

The respondents’ request for the imposition of a sanction against the petitioner is denied. Altman, J. P., Friedmann, Mc-Ginity and Luciano, JJ., concur.

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Bluebook (online)

260 A.D.2d 577, 686 N.Y.S.2d 733, 1999 N.Y. App. Div. LEXIS 4076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gumo-v-inc-village-of-malverne-nyappdiv-1999.

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