MATTER OF HUMPHREY v. GROSS


135 A.D.2d 634 (1987)

In the Matter of Deborah Humphrey, Appellant-Respondent, v. George Gross, as Commissioner of The New York City Department of Social Services, Respondent, and Cesar Perales, as Commissioner of The New York State Department of Social Services, Respondent-Appellant

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

December 14, 1987


Ordered that the order is reversed, on the law, with costs to the petitioner payable by the respondent-appellant, and the matter is remitted for a new determination based on the prevailing hourly market rates charged by private counsel in accordance herewith.

In computing counsel fees pursuant to the Civil Rights Attorney's Fees Awards Act (42 USC § 1988), the court, in fixing a reasonable hourly rate for each category of service rendered, gave effect to the...

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