Pannhorst v. Sabol

—In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondents to restore the petitioner’s Medicaid coverage, the petitioner appeals from so much of an order and judgment (one paper) of the Supreme Court, Queens County (Kassoff, J.), dated June 1, 1993, as denied her application to compel the respondent Mary Jo Bane, as Commissioner of the New York State Department of Social Services, to pay attorney’s fees.

Ordered that the order and judgment is affirmed insofar as appealed from, without costs or disbursements.

The petitioner did not become a prevailing party merely…