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  5. 63 N.Y.2d 651 (1984)
 

MATTER OF NIAGARA ENVTL. ACTION v. CITY OF NIAGARA FALLS

63 N.Y.2d 651 (1984)

In the Matter of Niagara Environmental Action, by its President, Kenneth Raymond, Appellant, v. City of Niagara Falls, Respondent.

Court of Appeals of the State of New York.

Decided July 5, 1984.

Attorney(s) appearing for the Case

David J. Seeger for appellant.

Richard J. Schroff for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs.

It cannot be said on the record before us, in view of the then pending litigation, that the Appellate Division erred, as a matter of law, in holding that respondent had a reasonable basis in law for withholding the requested materials. Accordingly, the denial of petitioner's request for attorneys' fees cannot...

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