Legal Opinion

Johnson v. Blum

New York Court of Appeals

Decided March 31, 1983PublishedCited by 71 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The issue on this appeal is the appropriate standard to be applied by the court before denying attorney’s fees under section 1988 of title 42 of the United States Code.

Petitioners brought this proceeding to challenge the validity of respondents’ rulings denying public assistance to petitioner’s minor children. The denial was based upon the State Commissioner’s Administrative Directive 80ADM-1 issued January 30, 1980. That directive, issued in response to our decision in Matter of Gunn v Blum (48 NY2d 58), provided that “in the absence of a demonstration of lack of need,…

3Cases cited12 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Carey v. PiphusSupreme Court of the United States · 1978
  3. Hagans v. LavineSupreme Court of the United States · 1974
  4. Maine v. ThiboutotSupreme Court of the United States · 1980
  5. Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968

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4Cited by71 opinions

  1. Rahmey v. BlumAppellate Division of the Supreme Court of the State of New York · 1983
  2. Papa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
  3. Dozier v. New York CityAppellate Division of the Supreme Court of the State of New York · 1987
  4. Thomasel v. PeralesNew York Court of Appeals · 1991
  5. COUNTY EXEC., PRINCE GEO'S CTY. v. DoeCourt of Appeals of Maryland · 1984

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