Shvartszayd v. Dowling

Order and judgment (one paper), Supreme Court, New York County (Carol Arber, J.), entered August 25, 1995, which, insofar as appealed from, granted petitioner’s application pursuant to CPLR article 86 for attorneys’ fees against respondent State Department of Social Services for failure to enforce respondent City Department of Social Services’ compliance with two fair hearing decisions, unanimously affirmed, without costs.

The State’s failure to enforce the City’s compliance with the fair hearing decisions before petitioner’s institution of the CPLR article 78 proceeding was not substantially…