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Merit Appeals Board May 23, 2025
<br />B. Communication No. 25-02.03, Received On March 27, 2025, From Ted H. S. Hong,
<br />Esquire, Re Appellant's Motion For Award Of Attorney's Fees; Exhibit "1;"
<br />Memorandum In Support Of Motion; Declaration Of Ted H. S. Hong; And
<br />Communication No. 25-02.04, Received On March 27, 2025, From Ted H. S. Hong,
<br />Esquire, Re Appellant's Notice Of Objections To Findings Of Fact, Conclusions Of Law
<br />And Order, Dated March 13, 2025; And
<br />Communication No. 25-02.05, Received On April 4, 2025, From Sherilyn K. Tavares,
<br />Deputy Corporation Counsel Re Appellee's Memorandum In Opposition To Appellant's
<br />Motion For Award Of Attorney's Fees And Costs; And
<br />Communication No. 25-02.06, Received On April 9, 2025, From Ted H. S. Hong, Esquire,
<br />Re Notice Of Appeal To Circuit Court; Statement Of The Case: Exhibits "1," — 62;"
<br />Designation Of Contents Of Record On Appeal; Order For Certification And Transmission
<br />Of Record; And
<br />Communication No. 25-02.07, Received On April 30, 2025, Submitted By Ted H. S. Hong,
<br />Esquire, Re Order For Certification And Transmission Of Record
<br />CHR. CABANAS: The next Appellant is pretty much in the same situation. Do you want to
<br />stay up here and we switch off with the County attorney, and I'll allow you you can stay in the
<br />room, Mr. Turner —but the next person is Mr. Jonah Kaye —and for the County, the attorney is
<br />Ms. Sherilyn Tavares, from the Office of the Corporation Counsel; and Mr. Jonah Kaye is the
<br />Appellant represented by Mr. Ted Hong, Esquire.
<br />(At this time Ms. Sherilyn K. Tavares, Deputy Corporation Counsel, Office of the
<br />Corporation Counsel; and Mr. Jonah N. Kaye, Water Safety Officer II, Fire Department,
<br />came forward.)
<br />CHR. CABANAS: So, for Mr. Jonah N. Kaye, there's a motion by the Appellant for the award
<br />of attorney's fees and cost, and the Appellee's memorandum in opposition to Appellant's motion
<br />for award of attorney's fees and costs.
<br />So, Mr. Hong, you may go first with your oral argument.
<br />MR. HONG: Good morning. Again, my name is Ted Hong, I represent Mr. Jonah Kaye, who's
<br />seated to my left.
<br />We would ask the Board to incorporate our arguments previously made in the Turner Case to
<br />apply in this particular case as well —and then, reserve any other time for rebuttal argument.
<br />Thank you.
<br />CHR. CABANAS: Thank you, Mr. Hong. Ms. Tavares.
<br />MS. TAVARES: Thank you. The County will just add to the arguments that were previously
<br />presented by Mr. Lee in that when Mr. Hong suggest that the American Rule only applies in
<br />matters of litigation that are handled in a courtroom, essentially, the American Rule is that each
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