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In the Matter of ISABEL CRUZ, Appellant, v. CESAR PERALES, as Commissioner of the New York State Department of Social Ser

Ordered that the order and judgment is affirmed insofar as appealed from, without costs or disbursements.

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 U.S.C. § 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 U.S.C. § 1983 so as to warrant an award of attorney's fees (see, Matter of Kross v Perales, 156 A.D.2d 451; Matter of Rozier v Perales, 149 A.D.2d 710; Matter of Gelin v Perales, 149 A.D.2d 593, 595). Mollen, P.J., Brown, Kooper and Miller, JJ., concur.

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MATTER OF CRUZ v. PERALES
(Feb 20, 1990)