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MAHONEY v. PATAKI

98 N.Y.2d 45 (2002)

772 N.E.2d 1118

745 N.Y.S.2d 760

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

Court of Appeals of the State of New York.

Decided May 7, 2002.

Attorney(s) appearing for the Case

Magavern, Magavern & Grimm, L.L.P., Buffalo (James L. Magavern of counsel), for appellants-respondents.

Harrington & Mahoney, Buffalo (Mark J. Mahoney of counsel), for respondents-appellants.

Connors & Vilardo, LLP, Buffalo (Lawrence J. Vilardo of counsel), for National Federation of Paralegal Associations, amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in per curiam opinion.

OPINION OF THE COURT

Per Curiam.

In November 1996, and again in December 1998, this Court approved fee schedules for certain court-appointed capital defense expenses pursuant to Judiciary Law § 35-b (5) (a). Among the fees approved were rates for reasonably necessary legal and paralegal assistance to capital counsel. Defendants here, the Governor and the Director of the State Division of the Budget (DOB), contend...

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