Mayerson v. DeBuono
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
John P. DiBlasi, J.
This State’s Public Health Law provides for the award of counsel fees to a parent who has “substantially prevailed” at a hearing under the Individuals with Disabilities Education Act (IDEA). 1 In what appears to be a case of first impression in this State, this court must determine whether counsel fees may be awarded to either of the parents of a child who prevail at such a hearing where one of them is a partner in the law firm which was “retained” to represent their interests and those of their child at the hearing. Based upon the analysis which…
2Cases cited13 opinions
- Howard v. WymanNew York Court of Appeals · 1971
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Kay v. EhrlerSupreme Court of the United States · 1991
- New York Life Insurance v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1981
- McLaughlin Ex Rel. McLaughlin v. Boston School CommitteeDistrict Court, D. Massachusetts · 1997
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3Cited by3 opinions
- BD v. DeBuonoDistrict Court, S.D. New York · 2000
- Shaw Family Archives, Ltd. v. CMG Worldwide, Inc.District Court, S.D. New York · 2008
- Oparaji v. Madison Queens-Guy Brewer, LLCAppellate Division of the Supreme Court of the State of New York · 2003