Opinion
CA 02-02097
May 2, 2003.
Appeal from a judgment (denominated order and judgment) of Supreme Court, Monroe County (Valentino, J.), entered June 21, 2002, which, inter alia, awarded attorney's fees and litigation costs to defendant Democrat Chronicle.
EDWARD W. RILEY, VILLAGE ATTORNEY, BROCKPORT (FRANK A. ALOI OF COUNSEL), FOR PLAINTIFF-APPELLANT.
NIXON PEABODY LLP, ROCHESTER (NOAH DOOLITTLE OF COUNSEL), FOR DEFENDANT-RESPONDENT DEMOCRAT CHRONICLE.
PRESENT: WISNER, J.P., SCUDDER, KEHOE, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum:
Supreme Court made the requisite findings and did not abuse its discretion in awarding attorney's fees and litigation costs to defendant Democrat Chronicle pursuant to Public Officers Law 89 (4)(c) ( see generally Matter of Alderson v. New York State Coll. of Agric. Life Sciences at Cornell Univ., 299 A.D.2d 640; Matter of Todd v. Craig, 266 A.D.2d 626, lv denied 94 N.Y.2d 760; Matter of URAC Corp. v. Public Serv. Commn. of State of N.Y., 223 A.D.2d 906, 907; Matter of Powhida v. City of Albany, 147 A.D.2d 236, 238-239).