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DeCARLO v. PERALES

No. 89-CV-383.

963 F.Supp. 181 (1997)

Juanita DeCARLO and Vita DeCarlo, Plaintiffs, v. Cesar PERALES, Commissioner, New York State Department of Social Services; Richard DuRose, Commissioner of Social Services of Oneida County; and Jacqueline Turner, Individually, and in her official capacity as Supervisor of Day Care Unit; Defendants.

United States District Court, N.D. New York.

May 2, 1997.

Attorney(s) appearing for the Case

MacKenzie Smith Lewis, Michell & Hughes, L.L.P., Syracuse (Nancy L. Pontius, Carter H. Strickland, of counsel), for Plaintiffs.

Dennis C. Vacco, Attorney General of the State of New York, Litigation Bureau, The Capital, Albany (Lisa Renee Harris, of counsel), for Defendant Cesar Perales.

Law Offices of V. Micheal Liccione, Utica (Norman I. Seigel, for counsel), for Defendant Richard DuRose.

Gorman, Waszkiewicz, Gorman & Schmitt, Utica (Bartle J. Gorman, of counsel), for Defendant Jacqueline Turner.

MEMORANDUM — DECISION AND ORDER

HURD, United States Magistrate Judge.

I. INTRODUCTION

The plaintiffs have moved for an order pursuant to Rule 54(d) of the Federal Rules of Civil Procedure and the Equal Access to Justice Act, 42 U.S.C. § 1988, for attorney's fees, costs, and expenses against the defendants the Commissioner of Social Services of the State of New York Cesar A. Perales ("Commissioner Perales"...

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