Elliott Scheinberg. Courtesy photo Exception to the Mootness Rule: Article 78, Compelling Timely Family Court Determinations
'Liu' adds a little known arrow into the quiver of parents who have petitioned Family Court for child support and are then, not uncommonly, relegated to delayed determinations beyond statutory timelines.
July 21, 2022 at 11:00 AM
15 minute read
Civil Appeals
In Liu v. Ruiz, 2021 NY Slip Op 06089 (1st Dept. 2021), the Appellate Division, First Department, reaffirmed its ruling in Matter of Solla v. Berlin, 106 A.D.3d 80 (1st Dept. 2013), rev'd on other grounds, 24 N.Y.3d 1192 (2015)), by extending it to a Family Court proceeding involving mootness. Solla held that, under the State Equal Access to Justice Act (CPLR 8600 et seq. (EAJA)), "the plaintiff or petitioner in an action or proceeding against the State is considered to have 'prevailed' for purposes of collecting attorneys' fees if commencement of the litigation 'catalyzed' the State into voluntarily offering to him or her, in substantial part, the relief that he or she was seeking":
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