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MATTER OF DANIEL SHAKESPEARE CORP. v. INCORPORATED VILLAGE OF HEMPSTEAD

2 A.D.3d 853 (2003)

770 N.Y.S.2d 397

In the Matter of DANIEL SHAKESPEARE CORP., Respondent, v. INCORPORATED VILLAGE OF HEMPSTEAD, Appellant.

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

December 29, 2003.

Ordered that the order and judgment is modified, on the law and as a matter of discretion, by deleting therefrom the provisions awarding the petitioner $45,000 in counsel fees and $2,310.03 in costs and disbursements awarded to the appellant on a prior appeal and substituting therefor a provision awarding the petitioner $25,000 in counsel fees; as so modified, the order and judgment is affirmed, without costs or disbursements.

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