MATTER OF KATZER v. COUNTY OF RENSSELAER


1 A.D.3d 764 (2003)

767 N.Y.S.2d 474

In the Matter of MICHAEL KATZER, as Special District Attorney, et al., Appellants, v. COUNTY OF RENSSELAER, Respondent.

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

November 13, 2003.


Rose, J.

On this appeal, we hold that a flat fee award is not reasonable compensation for the services of a duly appointed special district attorney. After approximately one third of the charges in the four indictments obtained by petitioner Michael Katzer (hereinafter petitioner) were dismissed before trial, and the two trials resulted in acquittals, he, along with his associate counsel and investigative staff, commenced this proceeding for an award of fees pursuant...

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