SUPRHME COTJRT OF' I'HE STATH OF NBW YORK

COUN'|Y OF NEW YO
-------------x Application for a Judgment under Article 78 of the CPLR ancl othcr relief
SERGIO TIERNANDEZ, Petitioner, Index No.: 106213/11 L,\S ParJ 16 (Schlesinger, J,)

- against -

TIIE OFFICE OF THE MAYOR OF TI-IE CITY OF NEW

YORK,
Respondent.

STIPULATION OF SI]TTLEMENT.AND DISCONTIII'TIANCE

----------x

WIIEREAS, Petitioner commenced this Article 78 proceeding

pursuemt to New

York's Freedom of Information Law, N,Y. Public Offcers Law $ 84, ctiq,, seeking disclosure
of certain documents from Respondent, and an award of attorneys' fes and expenses incurred in
connection with this proceeding;

WIIEREAS, Respondent answcred the Complaint by Verjf.red Answer, swom to

on July

2I,20ll

asserting that

it had fully complied with its statutory obligaxions,

and denying

any and all liability arising from Petitioner's allegations;

\ryI'IEREAS, by Decision and Order dated November 23,2011 and f,iled on

Dccember 6,2011, New York County Supreme Couri (Schlesinger, J.S.C.) granted the Article

78 Petition, directed Respondent to release the subject records (subject to certain uncontestcd
redactions) ad ordered the parties to appear for a conference to further address the issue of attorneys' fces;

WHERXIAS, Rcspondent appealed thc Decision and Order of this Court by

Notice of Appeal dated December 7, 2011;

WHERES, by Order issucd Novcmbcr 27,2012, thc Appellate Division,

Department affirmed the Decision and Order of this Court;

F'irst

\ryI{EREAS, Respondent unsuccessfully moved for leave to appeal to the Court

of Appeals;

WIIEREAS, Respondent subsequently released thc subject

recor<ls; an

WHEREAS, Petitioner's counsel has indicated Petitioner's intent to seek

award of attorneys' fees and expenses incuned in connecti<n with this matter, and has provided

to Respondcnt's oounsel its time records and othcr dooumcnts in support of Pctitioner's request;

WIIEREAS, Respondent denies that Petitioner is entitlcd to an awad of

attorneys' fees or expenses incurred in connection with this matter, and further disputes that the
amount requested is reasonable;

WHAR.EAS, the parties now desire tcl resolve Petitioner's request for attorneys'
f'ees and expenses

without further procccdings and without admission of fault or liability; and

a committee has

WHEREAS, no party is an inf'ant, incompetent person f'or whom

been appointed clr conservate, and no person not a party has an interest in the subject matter
the action;

of

NO\ry, THEREFORE,

IT IS HEREBY STIPI]LATED AND AGREED, bY

and between the undersigned, as follows:

1,

'I'he above-referenced action is hereby discontinued pursuant to CPLR

3217(a)(2). with prejudice, and without costs, expenses, and fees

specified in paragraph 2 below.

in

excess

of the amount

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09i l1/13 4:31 PM

2,

Thc City of New York hereby grees to pay Petitioner the total sum of

One Hundred Thirty Four Thousand, Ii'ive Hundred ITi1y-One dollars and Eighty-Thee cents ($134,551.83) ("Scttlement Amount") in full satisfaction of all claims that were or could havc
been raised in this action

lbr costs, expenses, and attclrneys' fees, Such payment will be made

a"s

follows: (i) a check in the amount of One Hundred'I'wenty-Nine 'Ihousand, One Flundred and

Six clollars and Eighty-Thrce cents ($129,106,83) will be made payable to "Schlam Stone &
Dolan LLP" and (ii) a check in the amount of l'ive 'Ihousand Four Hundred F'orty-Five dollars
($5,445.00)

will

be made payable to "Yale Law School."

3,
expenses incurred

In consideration lbr the payment of the Settlement Amount,

Petitioner

agrees to dismiss and discontinue,

with prejudice, all claims in this action fbr attorneys' fes and
ancl

in connection with this matter,

to

release Respondent, the

City of New
employees,

York and their successors and assigns, and all present or fbrmer ofIcials,

representatives and agents of Respondent and the City of New York from any and all liability,

claims, ancl/or rights

of action arising from the

allegations set forth

in the petition

herein,

whether known or unknown, including all claims for cost.s, expensas and attorney's fces incuned

in connection with this acticn.

4,

Petitioner and Petitioner's counsel shall each cxecute and deliver to

Respondcnt's attomeys all documents necessary to efI'ect this settlement, including, without

limitation, releascs based on the terms set forth in paragraph 3 above and substitute W-9 forms.

5.
Settlement Amount.

Petitioner ancVor Petitioner's counsel, as applicable, shall be responsible

the

for payment of all local, state and/or federal taxes that may be owing in connection with

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6.

Nothing contained herein is intended, shall be conskued as, or shall be

deemed to be an admission by the Respondent or the City of New York of any of the Petitioner's

allegations, nor an admission by the Respondent or thc City of New York that it has in any
manner or way violated the rights clefrned

of Petitioner, or the righls of any other person or entity,

as

in the constitutions,

statutes, ordinances, charters, by-laws, rules or regulations of the

United States, the State of New York, or the City of Ncw York, or any other rules, regulations or bylaws of any department or subdivision of the City of New York.

7.

Nothing contained herein is intended, shall be construed as, or shall be

deemed to be an admission by Respondent or the City of New York that Petitioner is entitled to an awad of attorneys' fees and expenses in this matter, or that the hourly rates sought or the time

expended
reasonable.

by Petitioner's counsel (including thc Yale l,aw Clinic) in this proceeding

is

8. 9.

Nothing contained herein shall be deemed to oonstitute

policy or practice

of the Respondent, or the City or any of its agencies, This Stipulation contains all the terms and conditi<lns agreed upon by the

parties hereto, and no oral agreement entered into at any time nor any written agreement entered

into prior to the execution of this Stipulation rcgarding the subject matter of the inslant

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tJ9lll/13 4:33 PM

proceeding shall be deemed to exist, or to bind the parties hereto, or to vary the terms and conditions contained herein.
Dated: New York, New York September 11,2013

SCI"ILAM STON & DOLAN LLP Attorneys for Petitioner 26 Broadway, lgth f,'loor New York, New York 10004 (2r2) 344-s400

MICFI,AEL A. CARDOZO Corporation Counsel of the

of New York Attorney for Respondent 100 Church Street, Room 2-121 New York, New Y (212) 3s 76

By

0^

'(. (,

By:

YOLS'IN

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4:33 PM

lndex No.: 106213ll

IAS Part l6

SUPREME COURT OF THE STATE OF NEW YORK COI.JNTY OF NEW YO Application for a Judgment under Article 78 of the CPLR and other relief SERGIO TIERNANDEZ,
Petitioner,

- agamst -

TI{E OFFICE OF THE MAYOR OF THE CITY OF NEW YORK

Respondent.

STIPULATION OF SETTLEMENT ANI) DISCONTINUANCE

MICHAELA. CARDOZO
Corporation Counsel of the City of New York Att or ney for Resp o ndent 100 Church Street, Room 2-l2l Nat Yorh N.Y. 10007
Of Counsel: Jeffrq S. Dantowitz Tel: (212) 788-0939

Due nd timely service is hereby admitted. New Yorh N.Y. 200

Esq-

Attornev for