Fairly v. Fahey

Kane, J. (concurring).

I agree with the legal conclusion of the majority that Special Term, in the exercise of its discretion, may award reasonable attorneys’ fees in this matter (US Code, tit 42, § 1988). However, the majority does not address an important subsidiary question: “To whom should the payment be made?” If the actual payment requires nothing more than a shift of public funds from one agency to another, so be it. But, if the payment is made to or ultimately received by petitioner, the award would, in my view, represent an unwarranted gift of taxpayers’ funds. There is authority for…