Legal Opinion

Katzer v. County of Rensselaer

Appellate Division of the Supreme Court of the State of New York

Decided November 6, 2003Published

1Opinion of the CourtRose, J.

Appeal from an order of the County Court of Rens*765selaer County (McGrath, J.), entered July 24, 2002, which partially granted petitioners’ application pursuant to County Law § 701 for payment of services as special district attorney, associate counsel and investigative staff.

On this appeal, we hold that a flat fee award is not reasonable compensation for the services of a duly appointed special district attorney. After approximately one third of the charges in the four indictments obtained by petitioner Michael Katzer (hereinafter petitioner) were dismissed before trial, and the two trials…

2Cases cited9 opinions

  1. Rahmey v. BlumAppellate Division of the Supreme Court of the State of New York · 1983
  2. Walsh v. Staten Island Obstetrics & Gynecology Associates, P.C.New York Court of Appeals · 1993
  3. Podhorecki v. Lauer's Furniture Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Becker v. Empire of America Federal Savings BankAppellate Division of the Supreme Court of the State of New York · 1991
  5. Burke v. CrossonAppellate Division of the Supreme Court of the State of New York · 1993

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