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MATTER OF DORSETT v. BANE

212 A.D.2d 612 (1995)

622 N.Y.S.2d 542

In the Matter of Sharon Dorsett et al., Appellants, v. Mary Jo Bane, 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.

February 14, 1995

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The petitioners argue that as a result of the commencement of this CPLR article 78 proceeding, the State, acting through its agency the Nassau County Department of Social Services (hereinafter the agency), was forced to change its position. Therefore, the petitioners are prevailing parties and entitled to attorney's fees under either CPLR article 86 or 42 USC § 1988....

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