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MATTER OF LUZ SOLLA v. BERLIN

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24 N.Y.3d 1192 (2015)

In the Matter of LUZ SOLLA, Respondent, v. ELIZABETH BERLIN, as Executive Deputy Commissioner of the New York State Office of Temporary and Disability Assistance, Appellant, et al., Respondents.

Court of Appeals of New York.

Decided February 19, 2015.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Cecelia C. Chang , Barbara D. Underwood and Won S. Shin of counsel), for appellant.

South Brooklyn Legal Services, Brooklyn ( Peter A. Kempner , Meghan Faux , Daniel Barkley , Catherine F. Bowman and Edward Josephson of counsel), for respondent.

Law Office of Peter Vollmer, P.C., Sea Cliff ( Peter Vollmer of counsel), amicus curiae.

Richard B. Ancowitz , Albany, and Nadia Bareeb , Albany, for Robin Schimminger, amicus curiae.

The Association of the Bar of the City of New York, New York City ( Sebastian Riccardi , Andrew L. Kalloch , Kate Skolnick and Ian Spiridigliozzi of counsel), for The Association of the Bar of the City of New York, amicus curiae.

White & Case, LLP, New York City ( David Hille and Silvia Medina of counsel), and The Legal Aid Society, New York city ( Kenneth Stephens of counsel), for The Legal Aid Society and others, amici curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, petitioner's application for attorneys' fees denied, and the certified question answered in the negative.

After the New York City Human Resources Administration (HRA) reduced petitioner's shelter allowance, she requested a "fair hearing" before the New York State Office of Temporary and Disability Assistance (OTDA). At the hearing, HRA, a city...

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