Bryan v. Hammons

OPINION OF THE COURT

Phyllis Gangel-Jacob, J.

*895In this CPLR article 78 proceeding, petitioner seeks a judgment: (1) permitting her to proceed as a poor person; (2) declaring respondents’ decision to terminate her Home Relief and medical assistance benefits to be arbitrary, capricious and contrary to law; (3) annulling and vacating respondents’ decision to terminate her benefits; (4) ordering respondents to restore her benefits forthwith; and (5) awarding her reasonable attorney’s fees, pursuant to 42 USC § 1988 and the Equal Access to Justice Act (28 USC § 2412 [d]).

In the first instance it must…