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IN THE MATTER OF REESE v. DAINES

CA 08-02145

2009 NY Slip Op 03569

IN THE MATTER OF ELLEN REESE, MAXIMILLIAN G. TRESMOND, DAVID A. COLLINS, AND MICHAEL T. QUIGLEY, PETITIONERS-RESPONDENTS, v. RICHARD F. DAINES, COMMISSIONER OF HEALTH OF STATE OF NEW YORK, RESPONDENT, BOARD OF TRUSTEES OF "UNIFIED GOVERNANCE STRUCTURE" JOINING ERIE COUNTY MEDICAL CENTER AND KALEIDA HEALTH SYSTEMS, AND WESTERN NEW YORK HEALTH SYSTEM, INC., RESPONDENTS-APPELLANTS.

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

Decided May 1, 2009.

Attorney(s) appearing for the Case

GARFUNKEL, WILD & TRAVIS, P.C., GREAT NECK (LEONARD M. ROSENBERG OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

PETER A. REESE, BUFFALO, FOR PETITIONERS-RESPONDENTS.

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the award of attorneys' fees and costs and as modified the judgment is affirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to compel respondents to comply with the provisions of the Open Meetings Law ([OML] Public Officers Law art 7) and the Freedom of Information Law ([FOIL] Public Officers Law art 6). Contrary...

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