# McAndrew v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · May 12, 1986 · 120 A.D.2d 591

URL: https://www.frixlaw.com/law-library/cases/5886341

## Case

- **Full name:** In the Matter of John T. McAndrew v. Board of Education for the City School District of the City of Port Jervis
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 12, 1986
- **Citations:** 120 A.D.2d 591; 502 N.Y.S.2d 70; 1986 N.Y. App. Div. LEXIS 56676
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5886341

## Opinion text

— In a proceeding pursuant to CPLR article 78 to compel the respondents to turn over certain information pursuant to the Freedom of Information Law (Public Officers Law art 6), the petitioner appeals from so much of a judgment of the Supreme Court, Orange County (Ritter, J.), dated March 8, 1985, as denied his application for costs pursuant to Public Officers Law § 89 (4) (0.
Judgment affirmed insofar as appealed from, without costs or disbursements.
The assessment of costs pursuant to Public Officers Law § 89 *592 (4) (c) lies within the sound discretion of the court. Unless it clearly appears that Special Term abused its discretion, we should not disturb its determination on an application for costs under this section. No such abuse of discretion is evident upon the record before us. Gibbons, J. P., Thompson, Niehoff and Rubin, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5886341. Public record. Not legal advice.