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MATTER OF EHRMAN v. PERALES

162 A.D.2d 598 (1990)

In the Matter of Morton Ehrman, Appellant, v. Cesar A. Perales, 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.

June 18, 1990

Ordered that the order and judgment is affirmed, without costs or disbursements.

Contrary to the petitioner's contention, we conclude that the Supreme Court properly denied his request for attorneys' fees pursuant to 42 USC § 1988 inasmuch as his cause of action is not a bona fide civil rights cause of action pursuant to 42 USC § 1983 (see, Matter of Cruz v Perales, 158 A.D.2d 597; Matter of Rashid v Perales...

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