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KIRK v. NEW YORK STATE DEPT. OF EDUC.

Docket No. 09-5335-cv.

644 F.3d 134 (2011)

Simon E. KIRK, Plaintiff-Appellee, v. NEW YORK STATE DEPARTMENT OF EDUCATION, Richard P. Mills, Commissioner of Education, New York State Board of Regents, Robert M. Bennett, Chancellor of the New York State Board of Regents, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 6, 2011.

Attorney(s) appearing for the Case

Andrew B. Ayers, (Denise A. Hartman, Assistant Solicitor General; Barbara D. Underwood, Solicitor General, on the brief). Assistant Solicitor General, for Andrew M. Cumo, Attorney General of the State of New York, Albany, NY, for Appellants.

Jeffrey A. Wadsworth (Margaret A. Catillaz, on the brief), Harter Secrest & Emery LLP, Rochester, NY, for Appellee.

Before: FEINBERG, B.D. PARKER, WESLEY, Circuit Judges.

B.D. PARKER, JR., Circuit Judge:

The New York State Department of Education and related defendants appeal from an order of the United States District Court for the Western District of New York (Siragusa, J.) denying their motion to vacate an award of attorney's fees to Simon E. Kirk. The district court had awarded Kirk attorney's fees pursuant to 42 U.S.C. § 1988(b) after he successfully challenged on equal protection grounds New York State Education Law...

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