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MAYERSON v. DeBUONO

181 Misc.2d 55 (1999)

694 N.Y.S.2d 260

In the Matter of GARY S. MAYERSON et al., on Behalf of M. M., an Infant, Petitioners, v. BARBARA A. DEBUONO, as Commissioner of the New York State Department of Health, et al., Respondents.

Supreme Court, Westchester County.

January 6, 1999.

Attorney(s) appearing for the Case

Graubard Mollen & Miller, New York City, for petitioners.

Eliot Spitzer, Attorney General, White Plains, for Barbara A. DeBuono and another, respondents.

Alan D. Scheinkman, County Attorney, White Plains, for Westchester County Department of Health, respondent.

OPINION OF THE COURT

JOHN P. DiBLASI, J.

This State's Public Health Law provides for the award of counsel fees to a parent who has "substantially prevailed" at a hearing under the Individuals with Disabilities Education Act (IDEA).1 In what appears to be a case of first impression in this State, this court must determine whether counsel fees may be awarded to either of the parents of a child who prevail at such a hearing where...

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