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MATTER OF ROURKE v. NEW YORK STATE DEP'T OF CORR. SERVS.

245 A.D.2d 870 (1997)

666 N.Y.S.2d 765

In the Matter of Raymond T. Rourke, Appellant-Respondent, v. New York State Department of Correctional Services et al., Respondents-Appellants

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

December 18, 1997

Yesawich Jr., J.

Having prevailed on his petition seeking relief for respondents' violation of his civil rights (201 A.D.2d 179), petitioner moved for counsel fees pursuant to 42 USC § 1988 and CPLR article 86. Because Supreme Court did not spell out how it arrived at the counsel fee award it made of $25,000, this Court remitted the matter for redetermination of that award (224 A.D.2d 815

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