Cathy Merlino

ORDER AND JUDGMENT *
The Court has considered this cause on the record and concludes the
appeal should not be dismissed based on the following decisions: (1) On
remand, the trial court is directed to conduct a hearing to determine the
amount of fees requested and a reasonable rate and method of computing the
reasonable cost of the attorneys’ services; (2) the parties are directed to file
with the Court a joint status report containing any relevant information on
their proceedings; and (3) the case is remanded to the Trial Court and to the
Honorable Debra J. Holtsclaw, the presiding Justice of the Court, to
determine the amount of fees requested in light of the above.
We consider it appropriate to enter a CPLR 5701[] Order vacating the
judgment order and remanding the matter to the Appellate Division to
determine the amount of attorneys’ fees to be awarded, since this Court
alone has jurisdiction of the matter; however, to the extent that the issue
This decision is not appropriate for publication and is not precedent
except under the limited circumstances set forth in NLRB v. Am. Hosp.
Enterprises, Inc., 364 U.S. 307 (1961).
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is unclear, we direct the parties to pursue any necessary discovery in
connection therewith, including interrogatories, requests for documents,
copies of papers, depositions, or any other means reasonably available to
the parties.