Cruz v. Perales

158 A.D.2d 597, 551 N.Y.S.2d 568, 1990 N.Y. App. Div. LEXIS 1985

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 20, 1990
• Status: Published

Opinion

Contrary to the petitioner’s contention, we conclude that the Supreme Court acted properly in denying her request for attorney’s fees pursuant to 42 USC § 1988. The record reflects that the petitioner has neither alleged nor presented any evidence whatsoever to establish a bona fide civil rights claim pursuant to 42 USC § 1983 so as to warrant an award of attorney’s fees (see, Matter of Kross v Perales, 156 AD2d 451; Matter of Rozier v Perales, 149 AD2d 710; Matter of Gelin v Perales, 149 AD2d 593, 595). Mollen, P. J., Brown, Kooper and Miller, JJ., concur.