MTR OF VIGLIETTA v. BLUM


108 Misc.2d 516 (1981)

In the Matter of Louis Viglietta, Petitioner, v. Barbara Blum, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Special Term, Nassau County.

March 30, 1981


Attorney(s) appearing for the Case

Robert & Schneider (Ira S. Schneider of counsel), for petitioner. Robert Abrams, Attorney-General (Eugene E. Zegarowicz and Shirley Bedor Ortego of counsel), for Barbara Blum, respondent. Edward G. McCabe, County Attorney (Angelo P. Scarinzi of counsel), for Joseph D'Elia, as Commissioner of the Nassau County Department of Social Services, respondent.


ELI WAGER, J.

May a State administrative agency, as a matter of practice, compel an individual to institute litigation as a prerequisite to receipt of a statutory benefit, to which he is clearly entitled, without incurring liability for counsel fees under Federal law?

This is the sole remaining issue raised in these two article 78 proceedings which have otherwise been settled by stipulation. The stipulation provides for (1) their consolidation...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases