Henroit Auguste filed a petition against the Department of Social Services, charging that the Department's method of terminating Medicaid benefits was unconstitutional. Almost immediately, the Department restored Mr. Auguste's benefits. The Supreme Court, New York County determined that as the prevailing party Mr. Auguste was entitled to an award of attorney's fees.
The Supreme Court, Appellate Division, reverses. Citing a recent U.S. Supreme Court opinion, the court rejects Mr. Auguste's assertion that attorney's fees are authorized because the filing of the petition was the "catalyst" for the Department's remedial action, a restoration of his benefits. Buckhannon Bd. & Care Home, Inc. v. W. Virginia Dept. of Health and Human Resources, 121 S.Ct. 1835 (May 29, 2001). The court concludes that because the lower court did not issue an enforceable judgment on the merits of Mr. Auguste's constitutional claims, "there was no material alteration in the legal relationship of the parties sufficient to support an award of attorney's fees."
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