IN RE: COUNTY OF ONONDAGA AND ONONDAGA COUNTY BAR ASSOCIATION ASSIGNED COUNSEL PROGRAM

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

IN RE: COUNTY OF ONONDAGA AND ONONDAGA COUNTY BAR ASSOCIATION ASSIGNED COUNSEL PROGRAM, INC., PETITIONERS, v. HON. JOHN J. BRUNETTI, JUDGE OF COURT OF CLAIMS, ACTING JUSTICE OF SUPREME COURT, AND HON. JOSEPH E. FAHEY, JUDGE OF CRIMINAL COURT AND CHRISTINA CAGNINA, RESPONDENTS.

OP 12–01570

Decided: July 19, 2013

PRESENT:  SCUDDER, P.J., PERADOTTO, CARNI, WHALEN, AND MARTOCHE, JJ. BOND, SCHOENECK & KING, PLLC, SYRACUSE (JONATHAN B. FELLOWS OF COUNSEL), FOR PETITIONERS. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENTS HON. JOHN J. BRUNETTI, JUDGE OF COURT OF

MEMORANDUM AND ORDER

CLAIMS, ACTING JUSTICE OF SUPREME COURT, AND HON. JOSEPH E. FAHEY, JUDGE OF CRIMINAL COURT.

Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b][1] ) to vacate the approval of respondent Christina Cagnina's vouchers, and for other relief.

It is hereby ORDERED that said petition is unanimously dismissed without costs.

Memorandum:  Petitioners commenced this original CPLR article 78 proceeding alleging that Hon. John J. Brunetti, Judge of Court of Claims, Acting Justice of Supreme Court, and Hon. Joseph E. Fahey, Judge of Criminal Court (respondents), acted in excess of their authority by approving vouchers that violated the plan for the payment of assigned counsel for indigent defendants put in place by petitioner Onondaga County Bar Association Assigned Counsel Program, Inc. (ACP) pursuant to County Law § 722(3).   Petitioners seek an order vacating the decision of respondents approving the vouchers and directing respondents to follow the plan of the ACP (ACP Plan) as approved by the Chief Administrative Judge, including its provisions for the compensation of counsel.

Frances E. Cafarell

Clerk of the Court