Hondzinski v. County of Erie

Appellate Division of the Supreme Court of New York

Hondzinski v. County of Erie

105 A.D.2d 1062, 482 N.Y.S.2d 636, 1984 N.Y. App. Div. LEXIS 21136

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

DecidedNovember 7, 1984

StatusPublished

This text of 105 A.D.2d 1062 (Hondzinski v. County of Erie) 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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Hondzinski v. County of Erie, 105 A.D.2d 1062, 482 N.Y.S.2d 636, 1984 N.Y. App. Div. LEXIS 21136 (N.Y. Ct. App. 1984).

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Opinion

Judgment unanimously affirmed, without costs, in accordance with the following memorandum: Having prevailed on two prior appeals to this court (Matter of Hondzinski v County of Erie, 85 AD2d 898; Hondzinski v County of Erie, 64 AD2d 864), petitioner was awarded costs in both proceedings (CPLR 8107). Petitioner reduced those awards to judgment by filing in the Erie County Clerk’s office on December 30, 1981. Subsequently, the Court of Appeals reversed our determination in the second appeal and dismissed the petition without costs. (Matter of Hondzinski v County of Erie, 57 NY2d 715). When petitioner attempted to satisfy his judgment pursuant to section 70 of the General Municipal Law, the county refused satisfaction, contending that the reversal of this court’s determination by the Court of Appeals included a reversal of the award of costs.

After reversal of our determination by the Court of Appeals, the county could have moved for relief from the judgment for costs pursuant to CPLR 5015 (subd [a], par 5). Having failed to do that, the county and its agents have no choice but to follow the directive of this court (24 NY Jur 2d, Costs in Civil Actions, § 267, pp 242-243). (Appeal from judgment of Supreme Court, Erie County, Cook, J. — costs.) Present — Hancock, Jr., J. P., Denman, Green, O’Donnell and Schnepp, JJ.

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Judgment unanimously affirmed, without costs, in accordance with the following memorandum: Having prevailed on two prior appeals to this court (Matter of Hondzinski v County of Erie, 85 AD2d 898; Hondzinski v County of Erie, 64 AD2d 864), petitioner was awarded costs in both proceedings (CPLR 8107). Petitioner reduced those awards to judgment by filing in the Erie County Clerk’s office on December 30, 1981. Subsequently, the Court of Appeals reversed our determination in the second appeal and dismissed the petition without costs. (Matter of Hondzinski v County of Erie, 57 NY2d 715). When petitioner attempted to satisfy his judgment pursuant to section 70 of the General Municipal Law, the county refused satisfaction, contending that the reversal of this court’s determination by the Court of Appeals included a reversal of the award of costs.

After reversal of our determination by the Court of Appeals, the county could have moved for relief from the judgment for costs pursuant to CPLR 5015 (subd [a], par 5). Having failed to do that, the county and its agents have no choice but to follow the directive of this court (24 NY Jur 2d, Costs in Civil Actions, § 267, pp 242-243). (Appeal from judgment of Supreme Court, Erie County, Cook, J. — costs.) Present — Hancock, Jr., J. P., Denman, Green, O’Donnell and Schnepp, JJ.

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Bluebook (online)

105 A.D.2d 1062, 482 N.Y.S.2d 636, 1984 N.Y. App. Div. LEXIS 21136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hondzinski-v-county-of-erie-nyappdiv-1984.

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