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MATTER OF OJEDA v. BLUM

81 A.D.2d 589 (1981)

In the Matter of Rosemarie Ojeda, Individually and on Behalf of Her Minor Child, Rey Ojeda, and All Other Persons Similarly Situated, Petitioner, v. Barbara Blum, Individually and as Commissioner of The New York State Department of Social Services, et al., Respondents

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

April 6, 1981

While the proceeding was pending in this court, the petitioner stipulated with respondents to withdraw all her claims except for her "claim for attorneys' fees pursuant to 42 U.S.C. § 1988". Proceeding dismissed on the merits with respect to counsel fees, without costs or disbursements. We find the claim concerning counsel fees to be without merit (see Matter of Bess v Toia, 66 A.D.2d 844

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