D'AGOSTINO v. DiNAPOLI

8134-08.

40 Misc.3d 698 (2013)

967 N.Y.S.2d 898

2013 NY Slip Op 23199

In the Matter of ALBERT A. D'AGOSTINO, Petitioner, v. THOMAS P. DiNAPOLI, as the Comptroller of the State of New York and the Administrative Head of the New York State and Local Employees' Retirement System, et al., Respondents. In the Matter of DAVID A. HOOVER, Petitioner, v. THOMAS P. DiNAPOLI, as the Comptroller of the State of New York and the Administrative Head of the New York State and Local Employees' Retirement System, et al., Respondents. NATIANIAL M. SWERGOLD et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. ANDREW M. CUOMO, as the Attorney General of the State of New York, et al., Defendants.

Supreme Court, Albany County.

June 17, 2013.


Attorney(s) appearing for the Case

Roemer, Wallens & Mineaux, LLP, Albany ( James W. Roemer of counsel), for petitioners. Eric T. Schneiderman , Attorney General, Albany ( Douglas J. Goglia of counsel), for respondents.


OPINION OF THE COURT

MICHAEL C. LYNCH, J.

In Swergold v Cuomo (99 A.D.3d 1141 [2012], lv denied 20 N.Y.3d 859 [2013]), the Appellate Division modified this court's decision and orders entered June 3, 2011 and September 27, 2011, and remitted the matter for this court to address two issues: (1) whether D'Agostino's claim for an award of counsel fees may be considered timely...

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