In re the Acquisition of Real Property by the County of Cortland

The underlying facts are set forth more fully in our earlier decision dismissing petitioner’s proceeding seeking to condemn a small section of real property owned by respondents Lisa K. Miller and Dean G. Miller (hereinafter collectively referred to as respondents) (72 AD3d 1436 [2010]). We dismissed the proceeding upon the ground that petitioner had improperly used Highway Law § 120 rather than the Eminent Domain Procedure Law (id.). Respondents thereafter made an application pursuant to EDPL 702 (B) for, among other things, counsel fees and costs of $70,238.89, which included the alleged…