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KUTAS v. REGAN

No. 88 Civ. 0567 (MGC).

712 F.Supp. 445 (1989)

Charles KUTAS, Plaintiff, v. Edward V. REGAN, individually as Comptroller of the State of New York and as Trustee of the New York State Employees' Retirement System, Defendant.

United States District Court, S.D. New York.

May 22, 1989.

Attorney(s) appearing for the Case

Edgar Pauk, Legal Services for the Elderly, New York City, for plaintiff.

Robert Abrams, Atty. Gen. of State of N.Y., New York City by Barbara B. Butler and Jan P. Ryan, Asst. Attys. Gen., for defendant.

OPINION AND ORDER

CEDARBAUM, District Judge.

Before discontinuing this moot action, counsel for plaintiff has applied for attorney's fees pursuant to 42 U.S.C. § 1988 "as the prevailing party in this action." For the reasons discussed below, the application for attorney's fees is denied and the action is dismissed.

BACKGROUND

The background facts are undisputed. In 1971, plaintiff, who was then a Hungarian refugee of seventy-three...

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