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Matter of Martinez v. Perales

Court of Appeals of the State of New York
Apr 2, 1991
77 N.Y.2d 923 (N.Y. 1991)

Opinion

Decided April 2, 1991

Appeal from the Supreme Court, Kings County, Elliott Golden, J.

Robert Abrams, Attorney-General (Lillian Z. Cohen of counsel), for appellant.

Marc Cohan and John C. Gray, Jr., for Luz Martinez, respondent.

Victor A. Kovner, Corporation Counsel (Ellen B. Fishman of counsel), for Harvey Robins, as Commissioner of the New York City Department of Social Services, respondent.



MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

Because the parties settled petitioner's underlying claims, petitioner is a prevailing party within the meaning of 42 U.S.C. § 1988 (Maher v Gagne, 448 U.S. 122). Petitioner's 42 U.S.C. § 1983 claim that respondents violated 45 C.F.R. § 205.10 (a) (4) in failing to specify the regulation authorizing the termination of benefits fully supports an award of attorneys' fees pursuant to 42 U.S.C. § 1988.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.


Summaries of

Matter of Martinez v. Perales

Court of Appeals of the State of New York
Apr 2, 1991
77 N.Y.2d 923 (N.Y. 1991)
Case details for

Matter of Martinez v. Perales

Case Details

Full title:In the Matter of LUZ MARTINEZ, Respondent, v. CESAR A. PERALES, as…

Court:Court of Appeals of the State of New York

Date published: Apr 2, 1991

Citations

77 N.Y.2d 923 (N.Y. 1991)
569 N.Y.S.2d 598
572 N.E.2d 39

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