Matter of Calabritto v Rice

Matter of Calabritto v Rice 2006 NY Slip Op 09460 [35 AD3d 601] December 12, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

In the Matter of Diane Calabritto et al., Appellants,
v
Kathleen Rice et al., Respondents.

—[*1]In a proceeding pursuant to CPLR article 78 to review the termination of the petitioners' employment with the Nassau County District Attorney's Office, the petitioners appeal from an order of the Supreme Court, Nassau County (O'Connell, J.), entered October 19, 2005, which denied their motion to re-tax the disbursements included as costs in a judgment dated May 13, 2005.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly rejected the petitioners' contentions that the record filed in a prior appeal between the parties contained many unnecessary documents, and that the respondents should have filed a statement in lieu of record on appeal pursuant to CPLR 5527. Accordingly, the petitioners' motion to re-tax the disbursements included as costs in the judgment was correctly denied. Florio, J.P., Krausman, Mastro and Covello, JJ., concur.