Opinion
Submitted February 18, 2000.
April 3, 2000.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Department of Health dated May 23, 1997, which denied the petitioners' application for an award of an attorney's fee, the petitioners appeal from a judgment of the Supreme Court, Westchester County (DiBlasi, J.), entered January 7, 199 9, which denied the petition and dismissed the proceeding.
Graubard Mollen Miller, New York, N.Y. (John P. Sheridan of counsel), for appellants.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Deon J. Nossel of counsel), for respondents Barbara A. DeBuono and New York State Department of Health.
Alan D. Scheinkman, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz and Thomas G. Gardiner of counsel), for respondent Westchester County Department of Health.
GABRIEL M. KRAUSMAN, J.P., HOWARD MILLER, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
A parent who represents his or her child in an impartial hearing brought pursuant to Public Health Law § 2549 is not entitled to an award of an attorney's fee (cf., Kay v. Ehrler, 499 U.S. 432 ; Doe v. Board of Educ. of Baltimore County, 165 F.3d 260 , cert denied U.S. [June 7, 1999]; Rappaport v. Vance, 812 F. Supp. 609 ; Miller v. West LaFayette Community School Corp., 665 N.E.2d 905 [Ind.]).