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In the Matter of OSKAR ZIEMELIS, Appellant, v. CESAR PERALES et al., Respondents.

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

Special Term properly denied the petitioner's application for attorneys' fees on the ground that the services rendered by the petitioner's attorneys were superfluous since the petitioner, before the instant proceeding was commenced, had secured the reinstatement of his food-stamp authorization and the restoration of his lost benefits solely through his own efforts. The petitioner failed to show that it was necessary to bring a proceeding to compel the respondents to comply with the fair hearing decision reinstating his food-stamp authorization (see, Coen v Harrison County School Bd., 638 F.2d 24, reh denied 644 F.2d 34, cert denied 455 U.S. 938; Commissioners Ct. of Medina County, Tex. v United States, 683 F.2d 435; American Constitutional Party v Munro, 650 F.2d 184; Taylor v Safeway Stores, 524 F.2d 263). Bracken, J.P., Brown, Niehoff and Eiber, JJ., concur.

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MATTER OF ZIEMELIS v. PERALES
(Nov 3, 1986)