Hernandez v. Hammons

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed with costs and the certified question answered in the affirmative.

Plaintiffs moved pursuant to article 86 of the CPLR (Equal Access to Justice Act) for an award of attorneys’ fees and costs upon the ground that they were the prevailing parties in an action against defendant New York City Department of Social Services. That statute provides for an award of attorneys’ fees and other reasonable expenses incurred by a successful party in a civil action brought “against the state” unless the State’s position was…