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Niagara Environmental Action v. City of Niagara Falls

63 N.Y.2d 651 Court N.Y. Decision date 1984-07-05 English

Contents

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p. 651
In the Matter of Niagara Environmental Action, by its President, Kenneth Raymond, Appellant, v City of Niagara Falls, Respondent.
Decided July 5, 1984
p. 652
APPEARANCES OF COUNSEL
David J. Seeger for appellant.
Richard J. Schroff for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs.

It cannot be said on the record before us, in view of the then pending litigation, that the Appellate Division erred, as a matter of law, in holding that respondent had a reasonable basis in law for withholding the requested materials. Accordingly, the denial of petitioner’s request for attorneys’ fees cannot be disturbed by this court.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, affirmed, with costs, in a memorandum.