Yusuf v. City of New York

The motion court correctly applied our prior holding (309 AD2d 721 [2003]) that the judgment was improperly augmented by additional fees in calculating poundage. Defendants have not advanced any basis for departing from that decision; their reliance on a regulation in the New York City Marshals Handbook is misplaced, as it does not apply to sheriffs, whose fees are governed by CPLR 8012 (b) (1). Concur — Tom, J.P, Catterson, Renwick, Freedman and Manzanet-Daniels, JJ.