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MAHONEY v. PATAKI

261 A.D.2d 898 (1999)

689 N.Y.S.2d 830

MARK J. MAHONEY et al., on Behalf of Themselves and Others Similarly Situated, Appellants, v. GEORGE E. PATAKI, as Governor of State of New York, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided May 7, 1999.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In November 1996 the Court of Appeals approved a capital defense counsel fee schedule pursuant to Judiciary Law § 35-b that included fees for legal assistants and paralegals in addition to fees for lead and associate counsel. In January 1997 the Division of the Budget (DOB) informed the Capital Defender's Office that the DOB's interpretation of Judiciary...

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