A.R., on behalf of her minor child, R.V., M.S., on behalf of her minor child, I.O., M.L., on behalf of her minor child, J.L., Plaintiffs-Appellees,
v.
NEW YORK CITY DEPARTMENT OF EDUCATION, Defendant-Appellant.
S.W. and M.M., on behalf of N.W., Plaintiffs-Appellees,
v.
BOARD OF EDUCATION OF THE CITY OF NEW YORK, (District 2), Defendant-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: April 21, 2004.
Final submission: May 18, 2004.
Decided: May 10, 2005.
Attorney(s) appearing for the Case
Kristin M. Helmers, Assistant Corporation Counsel of the City of New York (Michael A. Cardozo, Corporation Counsel of the City of New York, Leonard Koerner, Martin Bowe, of counsel), New York, NY, for defendant-appellant in both appeals.
Michael D. Hampden, Legal Services for Children, Inc., New York, NY, for plaintiffs-appellees A.R., M.S., and M.L. in Nos. 02-9471, 02-9472, and 02-09473.
Gary S. Mayerson, Mayerson & Associates (Amanda L. Oren, of counsel), New York, NY, for plaintiffs-appellees S.W. and M.M. in No. 03-7258.
Before: McLAUGHLIN, SACK, and SOTOMAYOR, Circuit Judges.
United States Court of Appeals, Second Circuit.
SACK, Circuit Judge:
Under Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources,532 U.S. 598, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001), "[e]ssentially, in order to be considered a `prevailing party' [to enable a plaintiff to take advantage of a federal fee-shifting statute] ..., a plaintiff must not only achieve some `material alteration of the legal relationship of the parties,' but...
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