Legal Opinion
Beechwood Restorative Care Center v. Signor
New York Court of Appeals
Decided October 25, 2005PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
The main issue in this case is whether the courts below erred as a matter of law in denying attorneys’ fees to petitioners under the Freedom of Information Law (Public Officers Law art 6). We are also asked whether the counsel fee provision in the New York State Equal Access to Justice Act (CPLR art 86) applies to these proceedings. We conclude that the courts below did not err in denying petitioners’ request for counsel fees and hold that the Equal Access to Justice Act is not applicable to Freedom of Information Law proceedings.
Petitioner Beechwood Restorative…
2Cases cited4 opinions
- Buffalo News, Inc. v. Buffalo Enterprise Development Corp.New York Court of Appeals · 1994
- Niagara Environmental Action v. City of Niagara FallsNew York Court of Appeals · 1984
- Corvetti v. Town of Lake PleasantAppellate Division of the Supreme Court of the State of New York · 1997
- Alderson v. New York State College of AgricultureNew York Court of Appeals · 2005
3Cited by32 opinions
- Betty L. Kimmel v. State of New YorkNew York Court of Appeals · 2017
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- Abdur-Rashid v. N.Y.C. Police Dep'tCourt for the Trial of Impeachments and Correction of Errors · 2018
- Gomez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Jewish Press, Inc. v. New York City Dept. of Educ.Appellate Division of the Supreme Court of the State of New York · 2020
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