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MATTER OF GORDON v. MARRONE

155 Misc.2d 726 (1992)

590 N.Y.S.2d 649

In the Matter of Allan S. Gordon, Petitioner, v. Anna M. Marrone, as the Tax Assessor of the Town of North Castle, et al., Respondents.

Supreme Court, Westchester County.

March 31, 1992

Attorney(s) appearing for the Case

Fulbright & Jaworski, New York City, for petitioner. Stephens, Buderwitz & Baroni, White Plains, for Anna M. Marrone, respondent. Sive, Paget & Riesel, P. C., New York City, for Nature Conservancy, respondent. Robert Abrams, Attorney-General, New York City (Nancy Stearns of counsel), amicus curiae. Toni C. Hamburg, New York City, and Caroline L. Orlando, New York City, for Scenic Hudson, Inc., and others, amici curiae.

NICHOLAS COLABELLA, J.

Does the award of attorney's fees and expenses under 22 NYCRR subpart 130-1 for frivolous conduct, based on the prosecution of a colorable claim for an improper purpose, violate the Petition Clause of the First Amendment? This question arises, among others, in the context of what this court has previously characterized as a SLAPP suit, an acronym for strategic lawsuit against public participation...

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