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MATTER OF ESPADA 2001 v. NYC. CAMPAIGN

59 A.D.3d 57 (2008)

870 N.Y.S.2d 293

In the Matter of ESPADA 2001 et al., Respondents-Appellants, v. NEW YORK CITY CAMPAIGN FINANCE BOARD, Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

December 30, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Elizabeth S. Natrella, Leonard Koerner and Hillary Weisman of counsel), for appellant-respondent.

Genova, Burns & Vernoia, New York City (Laurence D. Laufer and Jisha V. Dymond of counsel), for respondents-appellants.

Concur: TOM, J.P., WILLIAMS, CATTERSON and MOSKOWITZ, JJ.

OPINION OF THE COURT

SAXE, J.

This CPLR article 78 proceeding raises the issue of whether penalties may be properly assessed by respondent New York City Campaign Finance Board against a candidate and the campaign treasurer as well as the campaign committee itself for various violations of the New York City campaign finance laws. Supreme Court held that penalties for certain violations could properly be imposed on the campaign committee only and that

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