Legal Opinion
McLaughlin v. Mathews
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2002PublishedCited by 3 opinions
1Opinion of the Court
Mercure, J.P.
Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to, inter alia, prohibit enforcement of an order signed by respondent Broome County Judge which awarded assigned counsel compensation to respondent James A. Mack.
Once again advancing its interpretation of County Law § 722-b as prohibiting an award of assigned counsel compensation calculated at an hourly rate in excess of the statutory máximums of $40 per hour for time expended in court and $25 *847per hour for time expended out of court (see, People v Herring, 279 AD2d 765, lv denied 96 NY2d…
2Cases cited5 opinions
- Werfel v. AgrestaNew York Court of Appeals · 1975
- Matter of Dir.(bodek)New York Court of Appeals · 1995
- People v. HerringAppellate Division of the Supreme Court of the State of New York · 2001
- Levenson v. LippmanAppellate Division of the Supreme Court of the State of New York · 2002
- Gilman v. GolfinopoulousAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by3 opinions
- Kraham v. MathewsAppellate Division of the Supreme Court of the State of New York · 2003
- Krista M. v. Gregory D.New York City Family Court · 2003
- People v. Toms, New York County Courts2002