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Matter of Town of Southold v. Catus

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 363 (N.Y. App. Div. 1998)

Opinion

October 13, 1998

Appeal from the Supreme Court, Suffolk County (Gerard, J.).


Ordered that the judgment is affirmed, with costs.

The appellants' contention that the petitioner lacked standing or capacity to institute this proceeding is being raised for the first dine on appeal and therefore we decline to reach this issue ( see, Murray v. Palmer, 229 A.D.2d 377).

The Supreme Court did not improvidently exercise its discretion in awarding the petitioner counsel fees and costs (see, Public Officers Law § 89 [c]; Matter of Moore v. Catus, 254 A.D.2d 360 [decided herewith]).

Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.


Summaries of

Matter of Town of Southold v. Catus

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 363 (N.Y. App. Div. 1998)
Case details for

Matter of Town of Southold v. Catus

Case Details

Full title:In the Matter of TOWN OF SOUTHOLD, Respondent, v. LORNA M. CATUS et al.…

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

Date published: Oct 13, 1998

Citations

254 A.D.2d 363 (N.Y. App. Div. 1998)
678 N.Y.S.2d 728

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