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Piquette v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1999
263 A.D.2d 501 (N.Y. App. Div. 1999)

Opinion

Submitted May 12, 1999

July 19, 1999

In an action, inter alia, to recover damages for assault and battery, the defendant Joseph DeLorenzo appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated July 28, 1998, which denied his motion to compel the defendant City of New York to pay legal fees and disbursements for his defense by independent counsel in this action.

Trager, Cronin Byczek, LLP, Lake Success, N.Y. (Raymond E. Kerno of counsel), for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Sharyn Rootenberg of counsel), for municipal respondents.

GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The appellant failed to commence a timely proceeding pursuant to CPLR article 78 challenging the Corporation Counsel's determination dated January 30, 1996 ( see generally, Matter of Williams v. City of New York, 64 N.Y.2d 800; Matter of DeRespiris v. New York City Tr. Auth., 251 A.D.2d 503). Accordingly, the Supreme Court properly denied the appellants' motion to compel the City of New York to pay his legal fees pursuant to Public Offices law § 18(3).


Summaries of

Piquette v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1999
263 A.D.2d 501 (N.Y. App. Div. 1999)
Case details for

Piquette v. City of New York

Case Details

Full title:LARRY PIQUETTE, et al., plaintiffs, v. CITY OF NEW YORK, et al.…

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

Date published: Jul 19, 1999

Citations

263 A.D.2d 501 (N.Y. App. Div. 1999)
692 N.Y.S.2d 611