Matter of McCrudden v Putnam Val. Cent. School Dist.
2011 NY Slip Op 07054 [88 AD3d 721]
October 4, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


In the Matter of Eileen McCrudden, on Behalf of Erin McCrudden, an Infant, Respondent,
v
Putnam Valley Central School District, Appellant.

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Shaw, Perelson, May & Lambert, LLP, Poughkeepsie, N.Y. (Mark C. Rushfield of counsel), for appellant.

In a proceeding pursuant to CPLR article 78, the Putnam Valley Central School District appeals from a money judgment of the Supreme Court, Putnam County (Nicolai, J.), dated July 15, 2010, which awarded the petitioner an attorney's fee in the sum of $12,000.

Ordered that the money judgment is reversed, on the law, without costs or disbursements.

Since an award of an attorney's fee was not authorized by an agreement between the parties, by statute, or by Court rule, the Supreme Court improperly awarded an attorney's fee to the petitioner (see U.S. Underwriters Ins. Co. v City Club Hotel, LLC, 3 NY3d 592 [2004]; Hooper Assoc. v AGS Computers, 74 NY2d 487, 491 [1989]; Matter of Gargano v City of N.Y. Dept. of Fin., 26 AD3d 329 [2006]). Dillon, J.P., Angiolillo, Dickerson and Cohen, JJ., concur.