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MATTER OF MIDDLETON v. PERALES

160 A.D.2d 800 (1990)

In the Matter of Shirley Middleton, Respondent, v. Cesar Perales, as Commissioner of The New York State Department of Social Services, Appellant, et al., Respondent

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

April 9, 1990

Ordered that the order and judgment is reversed insofar as appealed from, on the law, without costs or disbursements, and that branch of the application which was for an award of attorney's fees assessed against the appellant is denied.

The court erred when it granted the petitioner an award of attorney's fees payable by the appellant pursuant to the Civil Rights Attorney's Fees Award Act of 1976 (42 USC § 1988). The...

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