Noel v. New York State Office of Mental Health Central New York Psychiatric Center

Filing 81

ORDER: that the judgment of May 8, 2008 is reduced by $120,000.00 to $301.211.10; that pltfs request for prejudgment interest is DENIED; Pltf is awarded atty fees and expenses in the sum of $17,006.38; and the Clerk is directed to enter an amended judgment in the sum of $318,217.48 with interest on $301,211.10 from May 8, 2008. Signed by Judge David N. Hurd on 3/1/2010. (see)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK --------------------------------IAN NOEL, Plaintiff, v. NEW YORK STATE OFFICE OF MENTAL HEALTH CENTRAL NEW YORK PSYCHIATRIC CENTER, Defendant. ---------------------------------APPEARANCES: A.J. BOSMAN, ESQ. Attorney for Plaintiff 6599 Martin Street Rome, New York 13440 HON. ANDREW CUOMO Attorney General of the State of New York Attorneys for Defendant The Capitol Albany, New York 12224 DAVID N. HURD United States District Judge ORDER Plaintiff Ian Noel ("plaintiff") has moved for an order calculating interest on the judgment from May 8, 2008, attorney fees and expenses, and prejudgment interest. (Doc. No. 75) Defendant does not oppose the amount of attorney fees ($22,915.75) and costs ($869.39) for a total of $23,785.14 requested by the plaintiff. Defendant does oppose any award of attorney fees and costs on the grounds that plaintiff was not the prevailing party on KELLY L. MUNKWITZ, ESQ. CHRISTINA L. ROBERTS-RYBA, ESQ. OF COUNSEL: 6:06-CV-788

the appeal. Defendant also opposes any calculation of interest on the judgment or prejudgment interest. (Docket Nos. 77 & 78) Plaintiff replied. (Docket No. 79). Pursuant to the decision and mandate of the Second Circuit (Docket No. 76), the May 8, 2008, judgment will be reduced by $120,000.00 from $421,211.10 to $301,211.10. The plaintiff is entitled to interest pursuant to 28 U.S.C. § 1961 on the $301,211.10 from May 8, 2008, to the date of payment. A separate order is not required. Plaintiff's request for prejudgment interest is untimely and will be denied. Defendant appealed the entire judgment. Plaintiff was the prevailing party on 71.5% of the judgment. ($301,211.10/$421,211.10) Therefore, plaintiff will be awarded 71.5% of the unopposed requested attorney fees and expenses ($23,785.14 x 71.5% = $17,006.38). Therefore, it is ORDERED, that 1. The judgment of May 8, 2008, is reduced by $120,000 to $301,211.10. 2. Plaintiff's request for prejudgment interest is DENIED; 3. Plaintiff is awarded attorney fees and expenses in the sum of $17,006.38; and 4. The Clerk is directed to enter an amended judgment in the sum of $318,217.48 with interest on $301,211.10 from May 8, 2008. IT IS SO ORDERED.

Dated: March 1, 2010 Utica, New York.

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