Legal Opinion
Viglietta v. Blum
New York Supreme Court
Decided March 30, 1981PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Eli Wager, J.
May a State administrative agency, as a matter of practice, compel an individual to institute litigation as a prerequisite to receipt of a statutory benefit, to which he is clearly entitled, without incurring liability for counsel fees under Federal law?
This is the sole remaining issue raised in these two article 78 proceedings which have otherwise been settled by stipulation. The stipulation provides for (1) their consolidation, (2) the withdrawal of the notices of denial of appplication for medical assistance issued by the respondent Commissioner of the…
2Cases cited26 opinions
- Paul v. DavisSupreme Court of the United States · 1976
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Maine v. ThiboutotSupreme Court of the United States · 1980
- Maher v. GagneSupreme Court of the United States · 1980
- Fusari v. SteinbergSupreme Court of the United States · 1975
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3Cited by5 opinions
- BD. OF TRUSTEES v. Miss. Publishers Corp.Mississippi Supreme Court · 1985
- Hospital Center at Orange v. GuhlNew Jersey Superior Court Appellate Division · 2000
- Allen v. BlumAppellate Division of the Supreme Court of the State of New York · 1982
- Barron v. Board of Trustees of Policemen's Pension & Relief FundWest Virginia Supreme Court · 1985
- Goodwin v. D'EliaNew York Supreme Court · 1986