Mundell v. N.Y. State Dep't of Transp.

Full title: IN THE MATTER OF LEANNE MUNDELL, PETITIONER-RESPONDENT, v. NEW YORK STATE…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Jul 17, 2020

2020 N.Y. Slip Op. 4100 (N.Y. App. Div. 2020)

Opinion

1116 CA 19-00609

07-17-2020

IN THE MATTER OF LEANNE MUNDELL, PETITIONER-RESPONDENT, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, RAYMOND LAMARCO, DIRECTOR, OFFICE OF HUMAN RESOURCES, NEW YORK STATE DEPARTMENT OF TRANSPORTATION, RESPONDENTS-APPELLANTS, ET AL., RESPONDENTS. (APPEAL NO. 2.)

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (OWEN DEMUTH OF COUNSEL), FOR RESPONDENTS-APPELLANTS. BOSMAN LAW FIRM, LLC, BLOSSVALE (A.J. BOSMAN OF COUNSEL), FOR PETITIONER-RESPONDENT.

CENTRA, J.P., LINDLEY, NEMOYER, CURRAN, AND WINSLOW, JJ.

PRESENT:

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (OWEN DEMUTH OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

BOSMAN LAW FIRM, LLC, BLOSSVALE (A.J. BOSMAN OF COUNSEL), FOR PETITIONER-RESPONDENT.

Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered October 12, 2018 in a CPLR article 78 proceeding. The order granted the application of petitioner insofar as it sought attorneys' fees and costs pursuant to Judiciary Law §§ 753 and 773 and imposed a fine of $250 against respondents-appellants.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, that part of the application seeking attorneys' fees and costs pursuant to Judiciary Law §§ 753 and 773 is denied, and the award of the fine pursuant to section 773 is vacated.

Same memorandum as in Matter of Mundell v New York State Dept. of Transp. ([appeal No. 1] — AD3d — [July 17, 2020] [4th Dept 2020]).

Entered: July 17, 2020

Mark W. Bennett

Clerk of the Court