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MATTER OF RAHMEY v. BLUM

95 A.D.2d 294 (1983)

In the Matter of Nathan Rahmey, Appellant, v. Barbara Blum, 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.

August 29, 1983

Attorney(s) appearing for the Case

Westchester Legal Services, Inc. (Lawrence Alexander and Martin A. Schwartz of counsel), for appellant.

New York State Bar Association (Dana H. Freyer of counsel), amicus curiae.

Robert Abrams, Attorney-General (Maryellen Weinberg and Gerald Slotnik of counsel), for State Commissioner, respondent.

Samuel S. Yasgur, County Attorney (Lester D. Steinman and Annalinda P. Ragazzo of counsel), for Charles W. Bates, respondent.

BRACKEN, J. P., NIEHOFF and BOYERS, JJ., concur.

RUBIN, J.

This appeal brings up for review the issue of awards of attorney's fees under section 1988 of title 42 of the United States Code.

Petitioner, a recipient of food stamps, commenced this proceeding pursuant to CPLR article 78 to set aside a determination of the State Commissioner of the Department of Social Services, dated September 19, 1980, made after a statutory fair hearing, which affirmed...

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