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.
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.
PRESENT: CENTRA, J.P., LINDLEY, NEMOYER, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
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] ).