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HENNESSY v. ROBINSON

No. 96-CV-1498.

985 F.Supp. 283 (1997)

John A. HENNESSY, III, as Administrator of the Goods, Chattels, and Credits of William P. Hennessy, Deceased Plaintiff, v. Rob ROBINSON, Terry Gilbert, Peter Servallo, Marty Lagasse, Roland Morgan, and Shawn Malone, each Individually, and as a Deputy Sheriff/Correctional Officer of the County of Oneida, New York; Daniel G. Middaugh, Individually and as Sheriff of the County of Oneida, New York; John Doe, a fictitious name intended to represent the names of several employees of the Sheriff's Department of Oneida County, New York, and/or the County of Oneida New York, whose identities are as yet unknown; and the County of Oneida, New York, Defendants.

United States District Court, N.D. New York.

November 19, 1997.

Attorney(s) appearing for the Case

Lockwood and Golden, Utica, NY, for Plaintiff.

Kenneth P. Ray, P.C., Utica, NY (Charles W. Wason, of counsel), or Defendants Robinson and Servallo.

Capecelatro Del Buono and Compson, P.C., Utica, NY, for Defendant Gilbert.

Petrone and Petrone, Utica, NY, for Defendant LaGasse.

Carl J. Cochi, Utica, NY, for Defendant Morgan.

John A. Longeretta, Utica, NY, for Defendant Malone.

William P. Schmitt, Utica, NY, for Defendant Middaugh.

McLane and Smith, Utica, NY, for County of Oneida.

Norman I. Siegel, County Attorney, County of Oneida, Utica, NY (Gerald J. Popeo, of counsel).

MEMORANDUM, DECISION and ORDER

HURD, United States Magistrate Judge.

I. INTRODUCTION

The attorney for the defendants Rob Robinson ("Robinson") and Peter Servallo ("Servallo") has moved pursuant to New York Public Officers Law, § 18(3)(c) for an order setting reasonable attorney's fees to be paid by the defendant County of Oneida, New York ("County"). The County has opposed the motion. Oral argument was heard on October...

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