Opinion
May 14, 1990
Appeal from the Supreme Court, Queens County (Graci, J.).
Ordered that the order and judgment is reversed insofar as appealed from, on the law, without costs or disbursements, and that branch of the petition which was for an award of attorney's fees against the appellant is denied.
The court erred when it granted the petitioner an award of attorney's fees against the appellant, the Commissioner of the New York State Department of Social Services, pursuant to the Civil Rights Attorney's Fees Award Act of 1976 ( 42 U.S.C. § 1988). The underlying proceeding sought, inter alia, to compel the appellant and the Commissioner of the New York City Department of Social Services to provide full and continuing public assistance benefits to the petitioner pending her administrative appeal. Officials of the State agency had directed the local agency to provide continuing aid to the petitioner on several occasions. Contrary to the petitioner's assertions, the continuing aid controversy concerned the administrative application of State statutes and regulations (see, 18 NYCRR 358-3.6, former 358.4). There was no showing by the petitioner of a violation of any constitutional right, or violation by the State of any right created by Federal law (see, Matter of Gelin v. Perales, 149 A.D.2d 593, 595; Matter of Williams v. D'Elia, 119 A.D.2d 678). Therefore, there was no bona fide civil rights claim pursuant to 42 U.S.C. § 1983 which would require an award of attorney's fees (see, Matter of Middleton v. Perales, 160 A.D.2d 800; Matter of Rozier v. Perales, 149 A.D.2d 710; Matter of Williams v. D'Elia, supra; Matter of Patterson v. Blum, 86 A.D.2d 893). Thompson, J.P., Bracken, Sullivan and Balletta, JJ., concur.