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LAZARUS v. COUNTY OF SULLIVAN

No. 00 CIV. 2316(MDF).

269 F.Supp.2d 419 (2003)

Mary Ellen LAZARUS, Plaintiff, v. COUNTY OF SULLIVAN and Judith Maier, Commissioner, Sullivan County, Division of Health & Family Services Defendants,

United States District Court, S.D. New York.

June 30, 2003.

Attorney(s) appearing for the Case

Robert N. Isseks, Esq., Middletown, NY.

Michael Frey, Esq., Appelbaum, Bauman, Appelbaum & Frey, Liberty, NY.

MEMORANDUM ORDER

FOX, United States Magistrate Judge.

Plaintiffs attorneys, Robert N. Isseks and Alex Smith, move for attorneys' fees and disbursements pursuant to 42 U.S.C. § 12205 and 29 U.S.C. § 794a. Defendants, Sullivan County and Judith Maier, Commissioner of Sullivan County Division of Health and Family Services, oppose the motion on the ground that plaintiff was not a prevailing party within the meaning of § 12205. Pursuant...

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