Fairly v. Fahey

OPINION OF THE COURT

Casey, J.

Shortly after this court affirmed the judgment appealed from (Matter of Fairly v Fahey, 75 AD2d 158), the United States Supreme Court rendered a decision that affected the counsel fees’ portion of our determination (Maine v Thiboutot, 448 US 1), and, therefore, we granted petitioner’s motion for leave to reargue. Our prior decision to deny counsel fees in this case was based (1) on the restrictive in*36terpretation seemingly placed on section 1983 of title 42 of the United States Code by Chapman v Houston Welfare Rights Organization (441 US 600, 617-618) (Matter of…