McAndrew v. Board of Education

Appellate Division of the Supreme Court of New York

McAndrew v. Board of Education

120 A.D.2d 591, 502 N.Y.S.2d 70, 1986 N.Y. App. Div. LEXIS 56676

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

DecidedMay 12, 1986

StatusPublished

Cited by6 cases

This text of 120 A.D.2d 591 (McAndrew v. Board of Education) 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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McAndrew v. Board of Education, 120 A.D.2d 591, 502 N.Y.S.2d 70, 1986 N.Y. App. Div. LEXIS 56676 (N.Y. Ct. App. 1986).

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Opinion

— In a proceeding pursuant to CPLR article 78 to compel the respondents to turn over certain information pursuant to the Freedom of Information Law (Public Officers Law art 6), the petitioner appeals from so much of a judgment of the Supreme Court, Orange County (Ritter, J.), dated March 8, 1985, as denied his application for costs pursuant to Public Officers Law § 89 (4) (0.

Judgment affirmed insofar as appealed from, without costs or disbursements.

The assessment of costs pursuant to Public Officers Law § 89 [592]*592(4) (c) lies within the sound discretion of the court. Unless it clearly appears that Special Term abused its discretion, we should not disturb its determination on an application for costs under this section. No such abuse of discretion is evident upon the record before us. Gibbons, J. P., Thompson, Niehoff and Rubin, JJ., concur.

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— In a proceeding pursuant to CPLR article 78 to compel the respondents to turn over certain information pursuant to the Freedom of Information Law (Public Officers Law art 6), the petitioner appeals from so much of a judgment of the Supreme Court, Orange County (Ritter, J.), dated March 8, 1985, as denied his application for costs pursuant to Public Officers Law § 89 (4) (0.

Judgment affirmed insofar as appealed from, without costs or disbursements.

The assessment of costs pursuant to Public Officers Law § 89 [592]*592(4) (c) lies within the sound discretion of the court. Unless it clearly appears that Special Term abused its discretion, we should not disturb its determination on an application for costs under this section. No such abuse of discretion is evident upon the record before us. Gibbons, J. P., Thompson, Niehoff and Rubin, JJ., concur.

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Bluebook (online)

120 A.D.2d 591, 502 N.Y.S.2d 70, 1986 N.Y. App. Div. LEXIS 56676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcandrew-v-board-of-education-nyappdiv-1986.

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