Jones v. Koch

Thompson, J. P.,

dissents and votes to affirm the order appealed from, with the following memorandum: The order of Special Term granting the plaintiffs’ motion for an award of counsel fees pursuant to Public Officers Law § 107 (2) should be affirmed. Contrary to the conclusion reached by the majority, the plaintiffs may be considered "successful parties” as that term is used in section 107 and, therefore, they are entitled to recover reasonable attorney’s fees pursuant to that provision.

Public Officers Law § 107 (2) provides: "In any proceeding brought pursuant to this section, costs and…