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MATTER OF WITTLINGER v. WING

289 A.D.2d 171 (2001)

735 N.Y.S.2d 382

In the Matter of WILLIAM WITTLINGER, Appellant, v. BRIAN J. WING, as Commissioner of the Office of Temporary and Disability Assistance of New York State Department of Family Assistance, et al., Respondents.

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

Decided December 27, 2001.

The denial of petitioner's request for attorneys' fees pursuant to CPLR article 86 and/or 42 USC § 1988 was proper since petitioner was not a prevailing party, his proceeding to compel respondents' compliance with a Determination After Fair Hearing by the State Department of Social Services restoring his public assistance, medical assistance and food stamp benefits having been properly dismissed as moot (see, Buckhannon Bd. & Care Home v West Virginia Dept. of...

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