MATTER OF JOHNSON v. BLUM


58 N.Y.2d 454 (1983)

In the Matter of Ruth Johnson et al., Appellants, v. Barbara Blum, as Commissioner of the New York Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 31, 1983.


Attorney(s) appearing for the Case

Andrew M. Rothstein and Rene H. Reixach for appellants.

Robert Abrams, Attorney-General (Clifford A. Royael and Peter H. Schiff of counsel), for respondents.

Bernard J. Reilly and Dana H. Freyer for the New York State Bar Association, amicus curiae.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur in Per Curiam opinion.


Per Curiam.

The issue on this appeal is the appropriate standard to be applied by the court before denying attorney's fees under section 1988 of title 42 of the United States Code.

Petitioners brought this proceeding to challenge the validity of respondents' rulings denying public assistance to petitioner's minor children. The denial was based upon the State Commissioner's Administrative Directive 80ADM-1 issued...

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