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Yusuf v. City of New York

87 A.D.3d 939 Court N.Y. App. Div. Decision date 2011-09-29 English

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p. 939
Ali Yusuf, on Behalf of Himself and All Other Persons Similarly Situated, Respondent, v City of New York et al., Appellants.
[929 NYS2d 858]

The motion court correctly applied our prior holding ( 309 AD2d 721 [2003]) that the judgment was improperly augmented by additional fees in calculating poundage. Defendants have not advanced any basis for departing from that decision; their reliance on a regulation in the New York City Marshals Handbook is misplaced, as it does not apply to sheriffs, whose fees are governed by CPLR 8012 (b) (1). Concur — Tom, J.P, Catterson, Renwick, Freedman and Manzanet-Daniels, JJ.