Judgment insofar as appealed from unanimously reversed on the law without costs and declaration and award of attorney's fees and costs vacated.
Memorandum:
Supreme Court erred in awarding attorney's fees to petitioner upon dismissal of this CPLR article 78 proceeding. "`In New York the general rule is that each litigant is required to absorb the cost of his own attorney's fees and a defendant may not be required to pay plaintiff's attorney's fees in the absence...
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