MTR OF FAIRLY v. FAHEY


79 A.D.2d 35 (1981)

In the Matter of Elbert Fairly, on Behalf of His Minor Child, Alkeesha Fairly, and All Others Similarly Situated, Appellant, v. John Fahey, as Commissioner of The Albany County Department of Social Services, et al., Respondents

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

February 5, 1981


Attorney(s) appearing for the Case

Michael M. Moore for appellant.

Robert Lyman and Philip R. Murray (Alan P. Joseph of counsel), for John Fahey, respondent.

Robert Abrams, Attorney-General (Clifford A. Royael and Shirley Adelson Siegel of counsel), for Barbara Blum, respondent.

MAHONEY, P. J., and MIKOLL, J., concur with CASEY, J.; KANE, J., concurs in a separate opinion; HERLIHY, J., dissents and votes to affirm in a separate opinion.


CASEY, J.

Shortly after this court affirmed the judgment appealed from (Matter of Fairly v Fahey, 75 A.D.2d 158), the United States Supreme Court rendered a decision that affected the counsel fees' portion of our determination (Maine v Thiboutot, 448 U.S. 1), and, therefore, we granted petitioner's motion for leave to reargue. Our prior decision to deny counsel fees in this...

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