Opinion
November 13, 1995
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.
The petitioner's application for an award of attorney's fees was properly denied. "To be considered a prevailing party, the petitioner must have shown that her suit, regardless of whether she prevailed in a judgment, caused the State or its agency to change their respective positions or to take certain actions" (Matter of Pannhorst v Sabol, 212 A.D.2d 794, 795; see, Kansas Health Care Assn. v Kansas Dept. of Social Rehabilitation Serv., 31 F.3d 1052, 1053). This is largely a factual determination, and the findings of the trial court will be set aside only if they are clearly erroneous (see, Pullman-Standard v Swint, 456 U.S. 273, 293; Gerena-Valentin v Koch, 739 F.2d 755, 759). Under the circumstances, we conclude that the Supreme Court's findings were not clearly erroneous.
The petitioner's remaining contention is without merit (see, CPLR 408). O'Brien, J.P., Pizzuto, Santucci and Krausman, JJ., concur.