Matter of McCrudden v Putnam Val. Cent. School Dist.

Matter of McCrudden v Putnam Val. Cent. School Dist. 2011 NY Slip Op 07054 Decided on October 4, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 4, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
JEFFREY A. COHEN, JJ.
2010-08609
(Index No. 710/08)

[*1]In the Matter of Eileen McCrudden, etc., et al., respondents,

v

Putnam Valley Central School District, appellant.



 
Shaw, Perelson, May & Lambert, LLP, Poughkeepsie, N.Y.
(Mark C. Rushfield of counsel), for appellant.

 
DECISION & ORDER

In a proceeding pursuant to CPLR article 78, the Putnam Valley Central School District appeals from a money judgment of the Supreme Court, Putnam County (Nicolai, J.), dated July 15, 2010, which awarded the petitioner an attorney's fee in the sum of $12,000.

ORDERED that the money judgment is reversed, on the law, without costs or disbursements.

Since an award of an attorney's fee was not authorized by an agreement between the parties, by statute, or by Court rule, the Supreme Court improperly awarded an attorney's fee to the petitioner (see U.S. Underwriters Ins. Co. v City Club Hotel, LLC, 3 NY3d 592; Hooper Assoc. v AGS Computers, 74 NY2d 487, 491; Matter of Gargano v City of N.Y. Dept. of Fin., 26 AD3d 329).
DILLON, J.P., ANGIOLILLO, DICKERSON and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court