Village of Brockport v. Calandra

Appellate Division of the Supreme Court of New York

Village of Brockport v. Calandra

305 A.D.2d 1030, 758 N.Y.S.2d 877, 2003 N.Y. App. Div. LEXIS 4728

Appellate Division of the Supreme Court of the State of New York·Decided May 2, 2003·Published·Cited by 1 cases

Opinion

Appeal from a judgment (denominated order and judgment) of Supreme Court, Monroe County (Valentino, J.), entered June 21, 2002, which, inter alia, awarded attorney’s fees and litigation costs to defendant Democrat & Chronicle.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court made the requisite findings and did not abuse its discretion in awarding attorney’s fees and litigation costs to defendant Democrat & Chronicle pursuant to Public Officers Law § 89 (4) (c) (see generally Matter of Alderson v New York State Coll. of Agric. & Life Sciences at Cornell Univ., 299 AD2d 640 [2002]; Matter of Todd v Craig, 266 AD2d 626 [1999], lv denied 94 NY2d 760 [2000]; Matter of URAC Corp. v Public Serv. Commn. of State of N.Y., 223 AD2d 906, 907 [1996]; Matter of Powhida v City of Albany, 147 AD2d 236, 238-239 [1989]). Present — Wisner, J.P., Scudder, Kehoe, Gorski and Lawton, JJ.

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Appeal from a judgment (denominated order and judgment) of Supreme Court, Monroe County (Valentino, J.), entered June 21, 2002, which, inter alia, awarded attorney’s fees and litigation costs to defendant Democrat & Chronicle.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court made the requisite findings and did not abuse its discretion in awarding attorney’s fees and litigation costs to defendant Democrat & Chronicle pursuant to Public Officers Law § 89 (4) (c) (see generally Matter of Alderson v New York State Coll. of Agric. & Life Sciences at Cornell Univ., 299 AD2d 640 [2002]; Matter of Todd v Craig, 266 AD2d 626 [1999], lv denied 94 NY2d 760 [2000]; Matter of URAC Corp. v Public Serv. Commn. of State of N.Y., 223 AD2d 906, 907 [1996]; Matter of Powhida v City of Albany, 147 AD2d 236, 238-239 [1989]). Present — Wisner, J.P., Scudder, Kehoe, Gorski and Lawton, JJ.

Village of Brockport v. Calandra, 305 A.D.2d 1030, 758 N.Y.S.2d 877, 2003 N.Y. App. Div. LEXIS 4728 (N.Y. Ct. App. 2003).

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