Piquette v. City of New York

Appellate Division of the Supreme Court of New York

Piquette v. City of New York

263 A.D.2d 501, 692 N.Y.S.2d 611, 1999 N.Y. App. Div. LEXIS 8110

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

DecidedJuly 19, 1999

StatusPublished

This text of 263 A.D.2d 501 (Piquette v. City of New York) 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

Piquette v. City of New York, 263 A.D.2d 501, 692 N.Y.S.2d 611, 1999 N.Y. App. Div. LEXIS 8110 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In an action, inter alia, to recover damages for assault and battery, the defendant Joseph DeLorenzo appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated July 28, 1998, which denied his motion to compel the defendant City of New York to pay legal fees and disbursements for his defense by independent counsel in this action.

Ordered that the order is affirmed, with costs.

The appellant failed to commence a timely proceeding pursuant to CPLR article 78 challenging the Corporation Counsel’s determination dated January 30, 1996 (see generally, Matter of Williams v City of New York, 64 NY2d 800; Matter of De-Respiris v New York City Tr. Auth., 251 AD2d 503). Accordingly, the Supreme Court properly denied the appellants’ motion to compel the City of New York to pay his legal fees pursuant to Public Offices Law § 18 (3). Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.

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—In an action, inter alia, to recover damages for assault and battery, the defendant Joseph DeLorenzo appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated July 28, 1998, which denied his motion to compel the defendant City of New York to pay legal fees and disbursements for his defense by independent counsel in this action.

Ordered that the order is affirmed, with costs.

The appellant failed to commence a timely proceeding pursuant to CPLR article 78 challenging the Corporation Counsel’s determination dated January 30, 1996 (see generally, Matter of Williams v City of New York, 64 NY2d 800; Matter of De-Respiris v New York City Tr. Auth., 251 AD2d 503). Accordingly, the Supreme Court properly denied the appellants’ motion to compel the City of New York to pay his legal fees pursuant to Public Offices Law § 18 (3). Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.

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Bluebook (online)

263 A.D.2d 501, 692 N.Y.S.2d 611, 1999 N.Y. App. Div. LEXIS 8110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piquette-v-city-of-new-york-nyappdiv-1999.

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