S. v. New York City Department of Education

Background

Y.S., individually and on behalf of her son, D.F., filed an action against the New York City Department of Education (DOE) seeking attorneys’ fees and costs under the Individuals with Disabilities Education Act. The fee request followed an administrative proceeding in which an impartial hearing officer found that D.F. had been denied a free and appropriate public education during the 2017–2018 and 2018–2019 school years.

The hearing officer ordered the DOE to develop an individualized education plan and behavior intervention plan, complete a behavioral assessment, fund 600 hours of individual academic tutoring, provide or fund 50 hours of parent counseling and training, and fund an independent neuropsychological evaluation. The DOE did not dispute that Y.S. was the prevailing party and was entitled to attorneys’ fees.

Y.S.’s lawyers sought $53,421.95 in fees and costs: $34,975.65 for the administrative proceeding and $18,446.30 for the federal action. The request included prejudgment interest and sought post-judgment interest. The DOE challenged the requested hourly rates and the number of hours billed.

Court’s Analysis

The court used the lodestar method, which calculates a fee award by multiplying reasonable hours by a reasonable hourly rate. It found that the underlying administrative matter was relatively straightforward: the merits hearing lasted 24 minutes, the DOE did not present its own case, and the DOE consented to the requested evaluations and make-up services. The court also recognized that Y.S.’s lawyers obtained all the relief sought.

The court concluded that the requested hourly rates were too high and set rates of $400 per hour for Andrew Cuddy, $300 for Kevin Mendillo, $200 for Erin Murray and Benjamin Kopp, $125 for senior paralegal Shobna Cuddy, and $100 for the other listed paralegals. The court also found excessive or redundant billing, including time spent on clerical tasks, drafting the administrative complaint, and analyzing whether to appeal a favorable decision. It therefore reduced the hours billed by all attorneys and paralegals by 20 percent across the board.

The court also reduced travel compensation. Kevin Mendillo could bill only one hour of travel each way for trips to New York City related to the administrative proceeding, at $150 per hour, or half his approved hourly rate. The court denied reimbursement for other travel-related expenses, including lodging, mileage, transportation, parking, and meals. Copying expenses were limited to 10 cents per page, and faxing expenses were not compensable. The court denied prejudgment interest because Y.S. had not explained why it was warranted, but granted post-judgment interest.

Disposition

Judge Ronnie Abrams granted the motion for attorneys’ fees and costs, as well as post-judgment interest, subject to the stated modifications. The court directed Y.S. to submit a proposed judgment consistent with the decision by September 14, 2022, and directed the Clerk of Court to terminate the pending motion at docket entry 15. The opinion does not state the final total dollar amount after the reductions.