Rourke v. New York State Department of Correctional Services

—Yesawich Jr., J.

Appeal from an order of the Supreme Court (Keegan, J.), entered April 6, 1995 in Albany County, which, in a proceeding pursuant to CPLR article 78, inter alia, granted petitioner’s application pursuant to 42 USC § 1988 for an award of counsel fees.

The relevant facts underlying this proceeding are detailed in Matter of Rourke v New York State Dept. of Correctional Servs. (201 AD2d 179), where we held that petitioner, a full-blooded Native American and practitioner of the traditional religion of the Mohawk Nation, had been wrongfully terminated from his employment as a…