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MATTER OF MILLER v. DEBUONO

272 A.D.2d 144 (2000)

709 N.Y.S.2d 391

In the Matter of BARBARA MILLER, Respondent, v. BARBARA DEBUONO, as Commissioner of Health of the State of New York, Respondent, and LILLIAM BARRIOS-PAOLI, as Social Services Commissioner of the City of New York, Appellant.

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

Decided May 11, 2000.

The motion court erred in directing an independent assessment of attorney's fees against the City DSS, since it is well settled that the City agency acts on behalf of the State agency, and the latter is held liable for any attorneys' fees imposed in this context (see, Matter of Thomasel v Perales, 78 N.Y.2d 561, 570; Matter of Tormos v Hammons, 259 A.D.2d 434

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