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YUSUF v. CITY OF NEW YORK

5589, 27045/99

87 A.D.3d 939 (2011)

929 N.Y.S.2d 858

2011 NY Slip Op 6640

ALI YUSUF, on Behalf of Himself and All Other Persons Similarly Situated, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided September 29, 2011.

The motion court correctly applied our prior holding (309 A.D.2d 721 [2003]) that the judgment was improperly augmented by additional fees in calculating poundage. Defendants have not advanced any basis for departing from that decision; their reliance on a regulation in the New York City Marshals Handbook is misplaced, as it does not apply to sheriffs, whose fees are governed by CPLR...

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