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  5. 77 N.Y.2d 923 (1991)
 

MATTER OF MARTINEZ v. PERALES

77 N.Y.2d 923 (1991)

In the Matter of Luz Martinez, Respondent, v. Cesar A. Perales, as Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided April 2, 1991.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Lillian Z. Cohen of counsel), for appellant.

Marc Cohan and John C. Gray, Jr., for Luz Martinez, respondent.

Victor A. Kovner, Corporation Counsel (Ellen B. Fishman of counsel), for Harvey Robins, as Commissioner of the New York City Department of Social Services, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

Because the parties settled petitioner's underlying claims, petitioner is a prevailing party within the meaning of 42 USC § 1988 (Maher v Gagne, 448 U.S. 122). Petitioner's 42 USC § 1983 claim that respondents violated 45 CFR 205.10 (a...

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