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BLOW v. LASCARIS

No. 638, Docket 81-7666.

668 F.2d 670 (1982)

Lorraine BLOW, individually and on behalf of her infant child, Christopher Seymour, Plaintiff-Appellant, v. John L. LASCARIS, in his capacity as Commissioner of the Onondaga County Department of Social Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 11, 1982.

Attorney(s) appearing for the Case

Frank A. Clark, Baker & Clark, Syracuse, N. Y., for plaintiff-appellant.

Ira S. Dubnoff, Asst. Welfare Atty., Syracuse, N. Y. (James H. Hughes, Chief Welfare Atty., Onondaga County Dept. of Social Services, Syracuse, N.Y., of counsel), for defendant-appellee.

Robert Abrams, Atty. Gen., William J. Kogan, Asst. Sol. Gen., Alan W. Rubenstein, Asst. Atty. Gen., State of New York, Albany, N. Y., of counsel, for amicus curiae State of New York.

Before MOORE, KAUFMAN and VAN GRAAFEILAND, Circuit Judges.

PER CURIAM:

This is an appeal from a judgment entered upon Judge Neal P. McCurn's order dismissing Lorraine Blow's complaint requesting attorney's fees pursuant to 42 U.S.C. § 1988 for failure to state a claim upon which relief may be granted. Since we agree that no valid cause of action exists pursuant to 42 U.S.C. § 1988 (Supp.1981) for an award of attorney's fees to prevailing parties in a state administrative...

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