Troy police nearly needed to collar one of their own this week — quite literally.

Officer Craig Faby was working traffic control Tuesday when he decided to check on his four-legged partner, Obie, a German Shepherd being kept in Faby's vehicle.

While the officer was on patrol following a gas leak that caused the closure of some downtown streets, Obie had something else in mind: a small furry dog being walked by a woman near the Bank of America at State and Third streets. And the moment Faby opened his vehicle to check on the crime-fighting canine, Obie darted out for the small pooch — and had the lap dog in its teeth for a moment.

Faby ran, yelling at the dog to stop, and then tackled his charge to the ground, laying on top of Obie until he calmed down. Firefighters, in turn, rushed over and pronounced the little pooch and the woman unhurt. Faby apologized to the woman while she held the dog, which was wagging its tail.

Obie was returned, unhurt, to the truck.

But his troubles might not all be over in the Collar City. Besides low-level assault or reckless endangerment for his unprovoked attack on his fellow dog, Obie also could face a minor violation: He jaywalked.

Judge orders lawyer fees paid

Chief U.S. District Court Judge Gary Sharpe has ordered a nonprofit organization that sought to build a halfway house in Colonie to pay partial attorney's fees in the case it lost last month.

Firetree Ltd. had accused the town of violating its constitutional rights by revoking its zoning verification for a halfway house for federal prison inmates it wanted to build at 875 Albany Shaker Road. Town officials had withdrawn approval for a 36-bed facility on 2.55 acres in an industrial zone near the Albany County jail.

In 2010, Firetree lost a case in state Supreme Court. The nonprofit then took its case to U.S. District Court, arguing its constitutional rights had been violated. The town filed a motion to dismiss the charges, which Sharpe approved.

Colonie then sought to be reimbursed for its legal expenses. The judge ruled that two of the grounds Firetree had alleged — that the town's decision was an illegal taking of its property and that the town squelched its First Amendment rights — were frivolous.

"There was no evidence that Firetree's right to seek judicial redress was chilled," Sharpe wrote.

The third claim, that the nonprofit was not given due process, was a legitimate legal issue, the judge said. "Firetree's due process claim was not frivolous," he wrote. "Not only did it present a moderately complex question of law that partially eluded Colonie defendants, but it also could not be resolved on the pleadings alone. ... While the claim was ultimately unsuccessful, the court disagrees that it rose to the level of frivolity."

Rather than award Colonie the entire $34,830.15 it had sought, Sharpe ordered Firetree to pay $17,874 for attorney's fees and $1,140 for other costs to the town.

Out-of-state pro bono attorneys allowed

Major disasters allow for major exceptions.

In the aftermath of the devastation of Hurricane Sandy, the Court of Appeals is allowing attorneys from outside New York to work in the state pro bono on a temporary basis.

Under the court's Major Disaster Rule, lawyers from outside the state can temporarily work in all five boroughs of New York City, as well as Nassau, Suffolk, Westchester, Rockland, Orange, Putnam, Sullivan and Ulster counties. All were declared as Major Disaster Area by Gov. Andrew Cuomo following the October storm.

The court noted on its website that bar associations or other eligible legal-services providers should notify Gail Prudenti, the state's chief administrative judge of their participation.

Attorneys must tell their clients they are admitted to the bar outside the state and their authority in New York is limited by the Major Disaster Rule.

Bob Gardinier and Tim O'Brien contributed. rgavin@timesunion.com • 518-434-2403 • @RobertGavinTU