| Matter of Mundell v New York State Dept. of Transp. |
| 2020 NY Slip Op 04100 [185 AD3d 1473] |
| July 17, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Leanne Mundell, Respondent, v New York State Department of Transportation et al., Appellants, et al., Respondents. (Appeal No. 2.) |
Letitia James, Attorney General, Albany (Owen Demuth of counsel), for respondents-appellants.
Bosman Law Firm, LLC, Blossvale (A.J. Bosman of counsel), for petitioner-respondent.
Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered October 12, 2018, in a CPLR article 78 proceeding. The order granted the application of petitioner insofar as it sought attorneys' fees and costs pursuant to Judiciary Law §§ 753 and 773 and imposed a fine of $250 against respondents-appellants.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, that part of the application seeking attorneys' fees and costs pursuant to Judiciary Law §§ 753 and 773 is denied, and the award of the fine pursuant to section 773 is vacated.
Same memorandum as in Matter of Mundell v New York State Dept. of Transp. ([appeal No. 1] 185 AD3d 1470 [4th Dept 2020]). Present—Centra, J.P., Lindley, NeMoyer, Curran and Winslow, JJ.