Serio v. New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Peters, J. Appeal from an order of the Supreme Court (Keegan, J.), entered May 31, 1994 in Albany County, which granted petitioner’s application pursuant to CPLR 8601 for an award of counsel fees.
The relevant facts underlying this proceeding were fully reviewed by us in Matter of Serio v New York State Dept. of Correctional Servs. (200 AD2d 885), in which we annulled a determination of respondent Commissioner of Correctional Services suspending petitioner from his employment as Acting Superintendent of Ogdensburg Correctional Facility in St. Lawrence County. Petitioner instituted this…
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