MATTER OF FISCHIONE v. PM PEPPERMINT, INC.

583 CA 20-01006.

197 A.D.3d 970 (2021)

153 N.Y.S.3d 342

2021 NY Slip Op 04858

In the Matter of Matthew Fischione, Town of Lancaster Code Enforcement Officer, et al., Appellants, v. PM Peppermint, Inc., et al., Respondents, et al., Respondents.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( HENRY A. ZOMERFELD OF COUNSEL), FOR PETITIONERS-APPELLANTS.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( JAMES R. O'CONNOR OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Present—Carni, J.P., Lindley, Curran and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying respondents-respondents' motion for costs, attorneys' fees, and sanctions in its entirety and vacating the fourth and fifth ordering paragraphs, and as modified the order is affirmed without costs.

Memorandum: Petitioners commenced this special proceeding seeking, inter alia, an order and judgment holding respondents in civil and criminal contempt for allegedly violating...

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