It is hereby ordered that the determination be and the same hereby is unanimously modified on the law and the petition is granted in part by annulling that part of the determination ordering petitioner to reimburse Marvin V. Sanford, Richard D. Woods and Johnnie A. Fritz, Jr. for the legal costs and expenses that they incurred in the March 1999 CPLR article 78 proceeding and as modified the determination is confirmed without costs.
Memorandum:
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