Opinion
2011-10-4
In the Matter of Eileen McCRUDDEN, etc., et al., respondents,v.PUTNAM VALLEY CENTRAL SCHOOL DISTRICT, appellant.
Shaw, Perelson, May & Lambert, LLP, Poughkeepsie, N.Y. (Mark C. Rushfield of counsel), for appellant.
In a proceeding pursuant to CPLR article 78, the Putnam Valley Central School District appeals from a money judgment of the Supreme Court, Putnam County (Nicolai, J.), dated July 15, 2010, which awarded the petitioner an attorney's fee in the sum of $12,000.
ORDERED that the money judgment is reversed, on the law, without costs or disbursements.
Since an award of an attorney's fee was not authorized by an agreement between the parties, by statute, or by Court rule, the Supreme Court improperly awarded an attorney's fee to the petitioner ( see U.S. Underwriters Ins. Co. v. City Club Hotel, LLC, 3 N.Y.3d 592, 789 N.Y.S.2d 470, 822 N.E.2d 777; Hooper Assoc. v. AGS Computers, 74 N.Y.2d 487, 491, 549 N.Y.S.2d 365, 548 N.E.2d 903; Matter of Gargano v. City of N.Y. Dept. of Fin., 26 A.D.3d 329, 809 N.Y.S.2d 165).
DILLON, J.P., ANGIOLILLO, DICKERSON and COHEN, JJ., concur.