Peck v. New York State Division of Housing & Community Renewal

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about March 2, 1992, which denied petitioner’s motion for attorneys’ fees pursuant to CPLR article 86, unanimously affirmed, without costs. Appeal from an order of said court and Justice, entered March 31, 1992, denying petitioner’s motion to "reargue and/or renew” is deemed one to reargue, and is unanimously dismissed as nonappealable, without costs.

Preliminarily, it should be noted that CPLR article 86 is in derogation of the common law in that it shifts to the State the obligation for the payment of counsel fees in…