Legal Opinion

Rourke v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 1997PublishedCited by 7 opinions

1Opinion of the CourtYesawich Jr., J.

Cross appeals from a judgment of the Supreme Court (Keegan, J.), entered October 10, 1996 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.

Having prevailed on his petition seeking relief for respondents’ violation of his civil rights (201 AD2d 179), petitioner moved for counsel fees pursuant to 42 USC § 1988 and CPLR article 86. Because Supreme Court did not spell out how it arrived at the counsel fee award it made of $25,000, this Court remitted the matter for…

2Cases cited12 opinions

  1. Rahmey v. BlumAppellate Division of the Supreme Court of the State of New York · 1983
  2. Haley v. PatakiCourt of Appeals for the Second Circuit · 1997
  3. Podhorecki v. Lauer's Furniture Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Haley v. PatakiDistrict Court, N.D. New York · 1995
  5. Harvey v. County of RensselaerNew York Court of Appeals · 1994

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3Cited by7 opinions

  1. Hernandez v. KaismanAppellate Division of the Supreme Court of the State of New York · 2016
  2. Carroll v. DeBuonoDistrict Court, N.D. New York · 1999
  3. Perez v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1999
  4. Mt. Airy Insurance v. Town of OrangetownDistrict Court, S.D. New York · 1998
  5. Matter of 101CO, LLC v. New York State Dept. of Envtl. ConservationAppellate Division of the Supreme Court of the State of New York · 2020

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