Losurdo v. New York State Department of Corrections & Community Supervision

Appeal from an order of the Supreme Court, Westchester County (Barbara G. Zambelli, J.), entered September 1, 2015. The order denied the petitioner’s motion pursuant to CPLR 8601 for an award of attorneys’ fees and expenses.

Ordered that the order is affirmed, without costs or disbursements.

On July 17, 2014, the petitioner, a pregnant inmate, applied for admission to the Nursery Program at the Bedford Hills Correctional Facility (hereinafter Bedford Hills), which allows for an inmate who gives birth while incarcerated to remain with her newborn child in the facility’s nursery for up to 18…