Philips v Ellsworth (2009 NY Slip Op 09740)

Philips v Ellsworth

2009 NY Slip Op 09740 [68 AD3d 1643]

December 30, 2009

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 10, 2010

Clifford B. Philips et al., Plaintiffs, v David C. Ellsworth et al., Defendants. Jarrod W. Smith, Esq., P.L.L.C., Appellant; Mevec & Cognetti, Respondent.

—[*1] Harris & Panels, Syracuse (Michael W. Harris of counsel), for appellant.

Mevec & Cognetti, Syracuse (Ralph A. Cognetti of counsel), for respondent.

Appeal from an order of the Supreme Court, Oswego County (James W. McCarthy, A.J.), entered July 1, 2008. The order, insofar as appealed from, awarded attorney's fees in the amount of $13,166.44 to Mevec & Cognetti.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Fahey, Carni, Pine and Gorski, JJ.