Moore v. County of Delaware

Defendants-cross-claimants-appellants Joseph A. Andreno, Kurt R. Palmer, and the County of Delaware (collectively, “appellants”), as prevailing parties before this Court, see Moore v. Andreno, 08-2426-cv, 2009 WL 2222938, 2009 U.S.App. LEXIS 16452 (2d Cir. July 27, 2009), now move to recover costs incurred in litigating their appeal. See Fed. R.App. P. 39. Plaintiffappellee Richard B. Moore has filed objections to that motion, contending principally that costs should not be imposed because Moore is “nearly destitute.”

Because we find that equitable considerations militate against taxing costs…