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Matter of Cruz v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 597 (N.Y. App. Div. 1990)

Opinion

February 20, 1990

Appeal from the Supreme Court, Kings County (Held, J.).


Ordered that the order and judgment is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the petitioner's contention, we conclude that the Supreme Court acted properly in denying her request for attorney's fees pursuant to 42 U.S.C. § 1988. The record reflects that the petitioner has neither alleged nor presented any evidence whatsoever to establish a bona fide civil rights claim pursuant to 42 U.S.C. § 1983 so as to warrant an award of attorney's fees (see, Matter of Kross v Perales, 156 A.D.2d 451; Matter of Rozier v Perales, 149 A.D.2d 710; Matter of Gelin v Perales, 149 A.D.2d 593, 595). Mollen, P.J., Brown, Kooper and Miller, JJ., concur.


Summaries of

Matter of Cruz v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 597 (N.Y. App. Div. 1990)
Case details for

Matter of Cruz v. Perales

Case Details

Full title:In the Matter of ISABEL CRUZ, Appellant, v. CESAR PERALES, as Commissioner…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 20, 1990

Citations

158 A.D.2d 597 (N.Y. App. Div. 1990)
551 N.Y.S.2d 568

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