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MATTER OF DECHBERY v. CASSANO

5430, 100216/14.

157 A.D.3d 499 (2018)

69 N.Y.S.3d 22

2018 NY Slip Op 00228

In the Matter of EILEEN DECHBERY, Appellant, v. SALVATORE J. CASSANO et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 11, 2018.

The court properly exercised its discretion in denying petitioner attorneys' fees for this proceeding seeking to vindicate her rights pursuant to Civil Service Law § 71. The general rule is that in article 78 proceedings, "the prevailing party may not collect [attorneys' fees] from the loser unless an award is authorized by agreement between the parties or by statute or [by] court rule" (Matter of A.G. Ship Maintenance Corp. v Lezak, 69 N.Y.2d...

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