From Casetext: Smarter Legal Research

Auburn Publishers, Inc. v. Netti

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 988 (N.Y. App. Div. 1996)

Opinion

July 12, 1996

Appeal from the Supreme Court, Cayuga County, Corning, J.

Present — Pine, J.P., Lawton, Wesley, Balio and Davis, JJ.


Order unanimously reversed on the law with costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Petitioner appeals from an order denying its application for attorney's fees pursuant to Public Officers Law § 107 (2). The court denied the application based upon its belief that it could award attorney's fees only where violations of the Open Meetings Law were repetitious or egregious; that belief is erroneous ( see, Gordon v. Village of Monticello, 87 N.Y.2d 124, 126-128). We therefore remit the matter to Supreme Court for determination of the application in accordance with the standard set forth in Gordon v. Village of Monticello ( supra, at 126-128).


Summaries of

Auburn Publishers, Inc. v. Netti

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 988 (N.Y. App. Div. 1996)
Case details for

Auburn Publishers, Inc. v. Netti

Case Details

Full title:AUBURN PUBLISHERS, INC., Doing Business as THE CITIZEN, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1996

Citations

229 A.D.2d 988 (N.Y. App. Div. 1996)
645 N.Y.S.2d 204

Citing Cases

Perez v. City University of New York

Purely technical and nonprejudicial infractions of the statute, or wholly unintentional violations have been…

Clover/Allen's Creek Neighborhood Ass'n v. M & F, LLC

OML violations need not be 'repetitious or egregious" to draw an attorneys' fee award. See Auburn Publishers,…