Opinion
December 11, 1989
Appeal from the Supreme Court, Kings County (Rader, J.).
Ordered that the order and judgment is affirmed, without costs or disbursements.
The petitioner commenced this proceeding to compel the New York City Department of Social Services (hereinafter NYCDSS) to comply with the directives set forth in a "Decision After Fair Hearing," which directed the respondent NYCDSS to reinstate petitioner's medical assistance and food stamp benefits. Subsequently, the NYCDSS did so. The petitioner now seeks attorney's fees pursuant to 42 U.S.C. § 1988 on the ground that he prevailed on his claim to restore the benefits, and the NYCDSS delayed in complying with the directive ordering restoration of the benefits.
We find that under the facts of this case, the petitioner has not established that his claim, which concerns the administrative application of State statutes and regulations (see, Social Services Law §§ 363, 22 [a]; § 106-b; 18 NYCRR 358.22), is 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 Rozier v Perales, 149 A.D.2d 710; see also, Matter of Zellweger v New York State Dept. of Social Servs., 74 N.Y.2d 404). Additionally, the petitioner has failed to show that his claim was substantial enough to satisfy the threshold requirement under Mine Workers v Gibbs ( 383 U.S. 715, 725; see also, Matter of Johnson v Blum, 58 N.Y.2d 454, 458, n 2; Matter of Gelin v Perales, 149 A.D.2d 593). Mangano, J.P., Lawrence, Kooper and Rosenblatt, JJ., concur.