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MATTER OF THOMASEL v. PERALES

78 N.Y.2d 561 (1991)

In the Matter of Laura Thomasel, on Behalf of Herself and Others, Appellant, v. Cesar Perales, as Commissioner of the New York State Department of Social Services, Respondent, et al., Respondent.

Court of Appeals of the State of New York.

Decided November 26, 1991.

Attorney(s) appearing for the Case

Peter Vollmer for appellant.

Robert Abrams, Attorney-General (Robert J. Schack and O. Peter Sherwood of counsel), for Cesar Perales, respondent.

Andrew J. Simons and Joseph W. Ryan, Jr., for Bar Association of Nassau County, Inc., amicus curiae.

Scott M. Karson and Warren H. Richmond for Suffolk County Bar Pro Bono Foundation, amicus curiae.

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

BELLACOSA, J.

The Appellate Division reversed a $2,092 attorney's fee granted to petitioner by Supreme Court against the State Department of Social Services (State DSS). The fee was awarded in connection with a lawsuit against the State DSS and the New York City Department of Social Services (City DSS) to restore petitioner's public assistance benefits, which were unlawfully reduced pending a fair hearing. The...

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