Reynolds v. Dowling

No. 401813/94 (N.Y. Sup. Ct. N.Y. County Aug. 16, 1996). ; Clearinghouse Number: 51587

Description

Statute’s Amendment after Court’s Decision Does Not Make State Agency’s Position in Underlying Litigation Substantially Justified

Abstract

The court has held that respondent state agency’s position was not substantially justified, despite subsequent legislation annulling the effect of the court’s decision in the underlying litigation, and that petitioner is entitled to an award of attorney fees. Petitioner had challenged a regulation prohibiting the retroactive payment of prior underpayments of home relief benefits to persons no longer on public assistance. The court held that the regulation was inconsistent with the state’s social services law, which required officials to take all necessary steps to correct any overpayment or underpayment to a public-assistance recipient. Finding that the social services law did not distinguish between home relief and AFDC recipients, the court declared the challenged regulation null and void. Subsequently, the state legislature amended the social services law to eliminate the correction of underpayments to persons not currently eligible for home relief or AFDC payments, except as required by federal statute or regulation. Opposing petitioner’s motion for attorney fees, respondent argued that the amendment showed respondent’s interpretation of the statute to have been correct and its position in the underlying litigation substantially justified. The court, however, noted that the amendment did not change the fact that prior to its amendment the law was unambiguous in not differentiating between AFDC and home relief recipients. Moreover, the amendment’s purpose—to clarify the statute’s intent—did not alter the court’s previous finding that the statute required no clarification. The court awarded petitioner $13,195 in fees.

Additional Information

Attorney Information
Plaintiff represented by Cathleen Clements, Brooklyn Legal Services Corporation B, 105 Court St., Brooklyn, NY 11201 ((718) 237-5500); Suzanne King, Queens Legal Services Corp., 8900 Sutphin Blvd., Queens, NY 11435 ((718) 657-8611).
Docket Date
1996-08-16 00:00:00+00:00

Files

Filed under: