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Legal Service Provider Loses Bid to Recover Fees From Agency

New York Law Journal, February 20, 2015

Legal Service Provider Loses Bid to Recover Fees From Agency

The state Court of Appeals denied recovery of attorney fees for a woman who successfully petitioned a New York City agency for restoration of her shelter allowance…The court’s unanimous ruling Thursday in Solla v. Berlin, 24, reversed an Appellate Division, First Department, finding that South Brooklyn Legal Services, which represented Luz Solla, is entitled to recovery of fees under the state’s Equal Access to Justice Act (EAJA)….The decision was contrary to the position of several amicus briefs filed separately or jointly by the New York City Bar Association, the Legal Aid Society of New York City, the New York Civil Liberties Union, the New York Legal Assistance Group, Housing Works and other groups. They urged recovery of the legal fees by South Brooklyn Legal Services and a liberal reading of the catalyst theory and the EAJA.

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