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HERNANDEZ v. HAMMONS

286 A.D.2d 601 (2001)

730 N.Y.S.2d 220

NYDIA HERNANDEZ et al., Appellants, v. MARVA HAMMONS, as Commissioner of the New York City Department of Social Services, Respondent.

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

Decided September 13, 2001.

The motion court properly denied plaintiffs' motion for an award of attorneys' fees and costs against defendant Commissioner of the New York City Department of Social Services. Notwithstanding that the City acts as agent for the State, we have held that this agency relationship does not subject the local social services agency to independent liability (see, Matter of Miller v DeBuono, 272 A.D.2d 144; Matter of Tormos v Hammons...

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