It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, that part of the application seeking attorneys' fees and costs pursuant to Judiciary Law §§ 753 and 773 is denied, and the award of the fine pursuant to section 773 is vacated.
Same memorandum as in Matter of Mundell v New York State Dept. of Transp. ([appeal No. 1]
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