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YOUNG v. TOIA

66 A.D.2d 377 (1979)

Tina Young, by Her Mother Ruth Young, et al., Individually and on Behalf of All Others Similarly Situated, Appellants, v. Philip L. Toia, Individually and as Commissioner of The New York State Department of Social Services, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 25, 1979

Attorney(s) appearing for the Case

K. Wade Eaton for appellants.

Louis J. Lefkowitz, Attorney-General (Peter J. Todoro, Alan W. Rubenstein and Michael G. Wolfgang of counsel), for respondent.

CARDAMONE, J. P., SIMONS, DILLON and SCHNEPP, JJ., concur.

WITMER, J.

The single issue presented on this appeal is whether the court erred in denying as a matter of law plaintiffs' application for counsel fees.

Plaintiffs brought suit under section 1983 of title 42 of the United States Code for judgment declaring that section 8 of chapter 77 of the Laws of 1977 is invalid as violative of the minimum wage provisions of section 17 of article I of the New York...

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