Matter of Matteson v Newfane Cent. School Dist. Bd. of Educ. (2009 NY Slip Op 09758)

Matter of Matteson v Newfane Cent. School Dist. Bd. of Educ.

2009 NY Slip Op 09758 [68 AD3d 1671]

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

In the Matter of Mark A. Matteson, Appellant, v Newfane Central School District Board of Education, Respondent.

—[*1] James R. Sandner, Latham (Frederick K. Reich of counsel), for petitioner-appellant. Hodgson Russ LLP, Buffalo (Karl W. Kristoff of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered July 7, 2008 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition for legal fees and expenses pursuant to Education Law § 3028.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Hurlbutt, Martoche, Centra and Peradotto, JJ.