Matter of McNerney v Carmel Central School District
Motion No: 2019-02085
Slip Opinion No: 2020 NY Slip Op 76345(U)
Decided on December 18, 2020
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M274465

E/sl

CHERYL E. CHAMBERS, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2019-02085, 2019-02086, 2019-02087

In the Matter of Robert McNerney, appellant,

v Carmel Central School District, et al.,

respondents.

(Index No. 211/2018)

DECISION & ORDER ON MOTION

Appeals from three orders of the Supreme Court, Putnam County, dated October 19, 2018, November 15, 2018, and December 14, 2018, respectively. Motion by the appellant, in effect, to amend the November 27, 2019, affirmation submitted in support of his motion which was determined by decision and order on motion of this Court dated July13, 2020, to delete certain representations made therein pertaining to any future application for an award of an attorney's fee pursuant to Public Officers Law § 89(4)(c).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied on the ground that a determination with respect to any future application by the appellant for an award of an attorney's fee pursuant to Public Officers Law § 89(4)(c) is premature.

CHAMBERS, J.P., MALTESE, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court