MATTER OF HUDAK v. D'ELIA


120 A.D.2d 667 (1986)

In the Matter of Mary Hudak, Appellant, v. Joseph D'Elia, as Commissioner of The Nassau County Department of Social Services, et al., Respondents

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

May 19, 1986


Judgment affirmed, without costs or disbursements.

In relevant part, 42 USC § 1988 provides that the court, in any action or proceeding brought under 42 USC § 1983 may, in its discretion, award reasonable attorney's fees to the prevailing party. Although the statute indicates that the determination is a matter of judicial discretion, New York has adopted the position that a prevailing party "should ordinarily recover an attorney's fee unless special circumstances...

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