Opinion
December 26, 1989
Appeal from the Supreme Court, Kings County (Duberstein, J.).
Ordered that order is affirmed, without costs or disbursements.
The petitioner commenced this proceeding, inter alia, to compel the respondent Commissioner of the New York City Department of Social Services to comply with the determination of the respondent Commissioner of the New York State Department of Social Services. The petitioner contends that since her claim is based on the respondents' violation of 45 C.F.R. § 205.10 (a) (18) which violation resulted in her being deprived of her due process rights, the court improperly denied her an award of attorney's fees pursuant to 42 U.S.C. § 1988. The Federal regulation concerns a State's obligation to provide a system of hearings whereby the administrative agency must promptly comply with a hearing decision favorable to the claimant. The petitioner does not contend that the State failed to provide for such a system of hearings. Her claim merely concerns the respondents' failure to abide by a State regulation requiring social service officials to promptly comply with directives set forth in the decision after fair hearing (see, 18 NYCRR 358.22). Accordingly, the petitioner failed to raise a bona fide civil rights claim pursuant to 42 U.S.C. § 1988 so as to entitle her to 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).
In light of our determination we do not address the parties' remaining contentions. Thompson, J.P., Lawrence, Eiber and Balletta, JJ., concur.