MATTER OF CANANDAIGUA MESSENGER, INC. v. WHARMBY


292 A.D.2d 835 (2002)

739 N.Y.S.2d 508

In the Matter of CANANDAIGUA MESSENGER, INC., Respondent, v. KAY WHARMBY, as Records Access Officer of City of Canandaigua, Respondent, and DENNIS A. MORGA, as President of Canandaigua Recreation Development Corporation, et al., Appellants. (Appeal No. 1.)

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

Decided March 15, 2002.


It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the award of attorney's fees to petitioner and as modified the order and judgment is affirmed without costs.

Memorandum:

We agree with Supreme Court that respondent Canandaigua Recreation Development Corporation (CRDC) is an "agency" as defined in Public Officers Law § 86 ...

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