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BEECHWOOD CARE CTR. v. SIGNOR

5 N.Y.3d 435 (2005)

842 N.E.2d 468

808 N.Y.S.2d 568

In the Matter of BEECHWOOD RESTORATIVE CARE CENTER et al., Appellants, v. JOHN SIGNOR, as Records Access Appeals Officer of New York State Department of Health, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 25, 2005.

Attorney(s) appearing for the Case

McConville, Considine, Cooman & Morin, P.C., Rochester (Kevin S. Cooman, Jason S. DiPonzio and Peter J. Weishaar of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Frank K. Walsh, Caitlin J. Halligan, Daniel Smirlock and Andrea Oser of counsel), for respondents.

McNamee, Lochner, Titus & Williams, P.C., Albany (Michael J. Grygiel of counsel); Jerome L. Wilson; Stephen Kimatian, East Syracuse; Bond, Schoeneck & King, LLP, Syracuse (S. Paul Battaglia of counsel); Sabin, Bermant & Gould LLP, New York City (Richard A. Bernstein and Neil M. Rosenhouse of counsel); David Tomlin; Anne B. Carroll; Eve B. Burton, Jonathan R. Donnellan; Kay Murray; and David E. McCraw for New York Newspaper Publishers Association, Inc. and others, amici curiae.

Before: Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO and R.S. SMITH concur with Judge CIPARICK; Judge READ dissents in a separate opinion.

OPINION OF THE COURT

GRAFFEO, J.

The main issue in this case is whether the courts below erred as a matter of law in denying attorneys' fees to petitioners under the Freedom of Information Law (Public Officers Law art 6). We are also asked whether the counsel fee provision in the New York State Equal Access to Justice Act (CPLR art 86) applies to these proceedings. We conclude that the courts below did not...

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