175 A.D.2d 645 | N.Y. App. Div. | 1991
— Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: Under the facts and circumstances of this case, petitioners had implied authority to hire outside legal counsel and Supreme Court abused its discretion in denying petitioners’ application for reasonable attorney’s fees (see, Cahn v Town of Huntington, 29 NY2d 451). Petitioners, as Commissioners of the Allegany County Board of Elections, are members of a municipal board or officers (NY Const, art II, § 8) which has the statutory