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ROBERSON v. GIULIANI

No. 02-7306.

346 F.3d 75 (2003)

Micheline ROBERSON, Gladys Dobelle, Martin Smith and Ned Buskirk, on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Rudolph GIULIANI, as Mayor of the City of New York and Jason Turner, as Commissioner of the New York City Department of Social Services, Defendants-Appellees, Brian J. WING, as Commissioner of the New York State Office of Temporary and Disability Assistance and Antonia Novello, as Commissioner of the New York State Department of Health, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 30, 2003.

Attorney(s) appearing for the Case

RANDAL S. JEFFREY, New York Legal Assistance Group, New York, NY, (Yisroel Schulman, on the brief), for Plaintiffs-Appellants.

CAROLINE M. BROWN, Corporation Counsel of the City of New York, New York, N.Y. (Michael A. Cardozo, Kristin M. Helmers and Helen P. Brown, on the brief), for Defendants-Appellees.

(Ellen M. Yacknin, Greater Upstate Law Project, Inc., Rochester, NY, for Amicus Curiae Brennan Center for Justice at New York University School of Law, Center for Battered Women's Legal Services at Sanctuary for Families, Greater Upstate Law Project, Northern Manhattan Improvement Corporation, Partnership for the Homeless, Public Interest Law Office of Rochester, Urban Justice Center, Welfare Law Center, in support of Plaintiffs-Appellants.)

Before: FEINBERG, CARDAMONE, and SACK, Circuit Judges.

FEINBERG, Circuit Judge.

Plaintiffs-appellants appeal from a February 2002 order of the United States District Court for the Southern District of New York (Cote, J.) denying their motion for attorney's fees in this action brought under 42 U.S.C. § 1983. The sole issue on appeal is whether plaintiffs may be considered a "prevailing party" under the applicable fee-shifting statute where they resolved their dispute with defendants through a private settlement agreement...

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