Country Estate Maintenance Co. v. Board of Education

Appeal, by permission, from an order of the Supreme Court (Coccoma, J.), entered February 28, 2007 in Delaware County, which, upon remittitur from this Court, among other things, granted petitioners’ application, in a proceeding pursuant to CPLR article 78, for an award of counsel fees pursuant to 22 NYCRR 130-1.1.

*1108Petitioners and the Town of Davenport in Delaware County entered into a stipulation to settle a tax assessment review proceeding. Respondent Board of Education of Charlotte Valley Central School District (hereinafter respondent), which was not a party to the proceeding or the…