Verified Itemized Bill of Costs — Agudath Israel of America v. Hochul (Second Circuit, No. 22-38)
Summary
Verified Itemized Bill of Costs with verification, Document 104, in Agudath Israel of America v. Hochul, Docket No. 22-38, United States Court of Appeals for the Second Circuit. Counsel for Defendant-Appellee asks the Clerk to prepare an itemized statement of costs taxed against the Plaintiff-Appellant, and the form lists $131.40 for printing a brief. The verification, dated March 29, 2023, is by an Assistant Solicitor General in the office of Letitia James, Attorney General of the State of New York, and says the Court affirmed the judgment in a Summary Order issued March 27, 2023. It states total recoverable costs of $131.40. The document also includes a memorandum dated March 22, 2011 on reproduction rates.
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“Verified Itemized Bill of Costs — Agudath Israel of America v. Hochul (Second Circuit, No. 22-38).”
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Case
Case 22-38,
22-38, Document
Document 98-3, 03/27/2023, 3494148,
104, 04/04/2023, 3489541, Page1
Page1 of
of 51
United States Court of Appeals for the Second Circuit
Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, NY 10007
DEBRA ANN LIVINGSTON CATHERINE O'HAGAN WOLFE
CHIEF JUDGE CLERK OF COURT
Date: March 27, 2023 DC Docket #: 20-cv-4834
Docket #: 22-38cv DC Court: EDNY (BROOKLYN)
Short Title: Agudath Israel of America v. Hochul DC Judge: Levy
DC Judge: Matsumoto
VERIFIED ITEMIZED BILL OF COSTS
Counsel for
Defendant-Appellee
_________________________________________________________________________
respectfully submits, pursuant to FRAP 39 (c) the within bill of costs and requests the Clerk
to prepare an itemized statement of costs taxed against the
Plaintiff-Appellant
________________________________________________________________
and in favor of
_________________________________________________________________________
Defendant-Appellee
for insertion in the mandate.
Docketing Fee _____________________
N/A
Costs of printing appendix (necessary copies ______________ ) _____________________
N/A
Costs of printing brief (necessary copies 6 copies
______________ ____) $131.40
_____________________
Costs of printing reply brief (necessary copies ______________ ) N/A
_____________________
(VERIFICATION HERE)
Dustin J. Brockner
________________________
Signature
Case 22-38, Document 104, 04/04/2023, 3494148, Page2 of 5
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
AGUDATH ISRAEL OF AMERICA, AGUDATH ISRAEL
OF KEW GARDEN HILLS, AGUDATH ISRAEL OF
MADISON, RABBI YISROEL REISMAN, RABBI,
Docket No. 22-38
Plaintiffs-Appellants,
AGUDATH ISRAEL OF BAYSWATER, RABBI VERIFICATION OF
MENACHEM FEIFER, ITEMIZED BILL OF
COSTS
Plaintiffs,
-v-
KATHY HOCHUL, Governor of the State of New York, in
her official capacity,
Defendant-Appellee.
DUSTIN J. BROCKNER, an attorney admitted to practice before this Court,
affirms the following under penalty of perjury:
1. I am an Assistant Solicitor General in the office of Letitia James,
Attorney General of the State of New York, and the attorney for Defendant-
Appellee. I am familiar with the matters set forth in this verification based on my
review of this Office’s policies and case file.
2. In a Summary Order, issued March 27, 2023, this Court affirmed the
judgment of the United States District Court for the Eastern District of New York.
3. I make this Verification in support of Defendant-Appellee’s Bill of
Costs so that costs may be taxed against Plaintiff-Appellant and in favor of
Defendant-Appellee for insertion in the mandate pursuant to Federal Rule of
Appellate Procedure 39.
Case 22-38, Document 104, 04/04/2023, 3494148, Page3 of 5
4. The costs set forth on the annexed Itemized and Verified Bill of Costs
were necessarily incurred by Defendant-Appellee in this appeal and are reasonable
in amount.
5. The costs were calculated based on the rates listed in the attached
memorandum from the Office of the Attorney General for each document:
a. reproduction costs: $0.20 per page
b. binding: $1.00 per document
c. cover: $75.00 flat fee per document
6. Based on these rates, the cost to Defendant-Appellee for reproduction
of papers is $131.40, calculated as follows:
Brief for Defendant-Appellee: $ 131.40
(6 copies x 42 pages/copy x $0.20/page +
6 copies x 1 binding/copy x $1.00/binding +
$75.00 flat fee cover)
.
Total $ 131.40
7. Therefore, total recoverable costs of $131.40 should be taxed against
Plaintiff-Appellant and in favor of Defendant-Appellee for insertion in the mandate.
Dated: March 29, 2023
Albany, New York
s/Dustin J. Brockner_
DUSTIN J. BROCKNER
Assistant Solicitor General
2
Case 22-38, Document 104, 04/04/2023, 3494148, Page4 of 5
STATE OF NEW YORK
t
OFFICE OF THE AITOR.'t>.JEY GENERAL
MEMORANDUM
TO: Barbara D. Underwood
FROM: Michael Lefebvre, Director, Budget and Fiscal Management .
RE: Costs in Litigation and Reproduction Rates for Appellate Court
DATE: March 22, 2011
\'vhenevc.r possible, bureaus should seek all costs as authorized by federal or state statute
or rule, including docketing fees and reproduction of documents. The following rates for
the reproduction of appellate papers apply when these costs are to be charged to or shared
with an individual or firm outside the Department of Law.
'
1. When legal papers are reproduced by an outside commercial printer, we charge
the actual costs (to the legally permitted maximum) as indicated on the payment
voucher/invoice from the printer.
2. \\'hen reproduction is pc.rfonned in our own printing units, we will charge as
follows:
RATES FOR CALCULATION OF COSTS
Rate Notes
Pet page charge for all documents .20 motion papers, briefs, or records
Binding perdocument 1.00 e.g., thirteen copies of a brief= $13
Cover 7 5.00 flat fee, including preparation of
reproduction
Miscellaneous preparation fees
a flat fee per case that covers
2nd Circuit and Appellate Divisions 150.00 scanning and OCR conversion,
Court of Appeals 50.00 producing tables of contents, page
headings (for state coutt cases)
This administrative memorandum supersedes the 1993 memoranda go,rcming
reproduction.'and preparation costs for legal printing or legal documents on appeal. Costs
for reproduction of documents under the.Freedom oflnformation Law arc set under a
separate memorandum.
Case 22-38, Document 104, 04/04/2023, 3494148, Page5 of 5
Costs for Defendant-Appellee Brief
6 copies for court x 42 pages x $0.20/page $ 50.40
6 copies for court x $1.00/binding $ 6.00
Flat Fee (preparation for reproduction) $ 75.00
Total $131.40
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