MATTER OF SAPIENZA v. CITY OF BUFFALO

425 CA 20-01056.

197 A.D.3d 914 (2021)

150 N.Y.S.3d 657

2021 NY Slip Op 04826

In the Matter of Joseph Sapienza et al., Respondents, v. City of Buffalo, Appellant.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

TIMOTHY A. BALL , CORPORATION COUNSEL, BUFFALO ( WILLIAM P. MATHEWSON , OF COUNSEL), FOR RESPONDENT-APPELLANT.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( CHAD A. DAVENPORT , OF COUNSEL), FOR PETITIONERS-RESPONDENTS.

Present—Carni, J.P., Lindley, NeMoyer, Curran and Bannister, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: In this CPLR article 78 proceeding to compel respondent to comply with petitioners' requests pursuant to the Freedom of Information Law (Public Officers Law art 6 [FOIL]), respondent appeals from a judgment determining that petitioners substantially prevailed in the proceeding and awarding petitioners attorney's fees and costs. We affirm.

Contrary to...

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