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AUBURN PUBLISHERS, INC. v. NETTI
Appellate Division of the Supreme Court of New York, Fourth Department.
Jul 12, 1996
Order unanimously reversed on the law with costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Petitioner appeals from an order denying its application for attorney's fees pursuant to Public Officers Law ยง 107 (2). The court denied the application based upon its belief that it could award attorney's fees only where violations of the Open Meetings Law were repetitious or egregious; that belief is erroneous ( see, Gordon v. Village of Monticello, 87 N.Y.2d 124, 126-128). We therefore remit the matter to Supreme Court for determination of the application in accordance with the standard set forth in Gordon v. Village of Monticello ( supra, at 126-128).
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