In a motion for costs by the prevailing party in an appeal, the motion is denied where, while an award of costs to a prevailing party pursuant to Rule 39 is customary, the court retained discretion to deny costs when, in the exercise of its discretion, it determines taxation is not appropriate, and equitable considerations militated against taxing costs.
Argued June 17, 2009
Decided July 27, 2009
Frank W. Miller, The Law Firm of Frank W. Miller, East Syracuse, NY
Catherine E. Stuckart, Binghamton, NY