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MTR OF HAUSSMAN v. KIRBY

96 A.D.2d 244 (1983)

In the Matter of Marie Haussman, by Her Proposed Guardian ad Litem, Ira S. Schneider, Appellant, v. James E. Kirby, as Commissioner of The Suffolk County Department of Social Services, et al., Respondents

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

November 7, 1983

Attorney(s) appearing for the Case

Robert & Schneider (Ira S. Schneider of counsel), for appellant and Ira S. Schneider, appellant pro se.

David J. Gilmartin, County Attorney (Joel L. Lefkowitz of counsel), for James E. Kirby, as Commissioner of Suffolk County Department of Social Services, respondent.

Robert Abrams, Attorney-General (Maryellen Weinberg and Donna Miller of counsel), for Barbara B. Blum, as State Commissioner of Social Services, respondent.

MANGANO, J. P., GULOTTA and BRACKEN, JJ., concur.

NIEHOFF, J.

The limited issue on this appeal is whether section 1988 of title 42 of the United States Code authorizes an award to the petitioner of a reasonable attorney's fee in this case.

The facts are not in dispute.

Marie Haussman, the petitioner, a 90-year-old patient at the Patchogue Nursing Center, is a recipient of Medicaid from the Suffolk County Department of Social Services. She was...

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