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MATTER OF ROTH & ROTH, LLP v. CITY OF ROCHESTER

1067 CA 21-00675.

200 A.D.3d 1728 (2021)

155 N.Y.S.3d 916

2021 NY Slip Op 07442

In the Matter of Roth & Roth, LLP, Respondent, v. City of Rochester, Appellant.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

TIMOTHY R. CURTIN , CORPORATION COUNSEL, ROCHESTER ( JOHN M. CAMPOLIETO OF COUNSEL), FOR RESPONDENT-APPELLANT.

ROTH & ROTH, LLP, NEW YORK CITY ( ELLIOT D. SHIELDS OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present —Centra, J.P., Lindley, NeMoyer and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the third through sixth and eighth through eleventh decretal paragraphs and as modified the judgment is affirmed without costs.

Memorandum: In this proceeding pursuant to CPLR article 78, respondent appeals from a judgment that, inter alia, granted in part a petition seeking to compel responses to petitioner's application pursuant to the Freedom of Information Law...

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