Second Circuit Considers Whether Strip Search of Student Was Unreasonable
Define That Term #109

He Fought the Man--And Won

I came across an interesting case today, Ahl v Howard, 2006 NY Slip Op 26192, that originated right here in Monroe County.  A fellow named Mr. Ahl most likely spent an awful lot of money to retain an attorney in order to file an Article 78 proceeeding against the City of Rochester. 

Presumably, Mr. Ahl was one of those people who felt that it was the principle that mattered, given that the only remedy that he sought was leave to appeal a conviction of either a parking ticket or municipal code violation without first paying the fine and penalty imposed by the hearing examiner.  But he got the last laugh.

The Court first performed the judicial equivalent of soundly swatting the City on the nose with a newspaper and concluded that the regulation enacted by the City that required payment of the fine and penalty prior to filing a Notice of Appeal was inconsistent with the the relevant provisions of the Vehicle and Traffic Law.  The Court then granted Mr. Ahl's motion and ordered the City of Rochester to pay for Mr. Ahl's costs and disbursements.  Unfortunately for Mr. Ahl, attorney's fees weren't mentioned.

But, you gotta hand it to him.  He fought the man and won.


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