The opinion of the court was delivered by: McAVOY, Chief Judge.
MEMORANDUM-DECISION & ORDER
Presently before the Court is plaintiffs' motion for attorneys'
fees and expenses pursuant to 42 U.S.C. § 1988 and N.Y.C.P.L.R.
§ 8601. Plaintiffs bring this action alleging their status as
"prevailing parties" from a prior decision and judgment,
familiarity with which is assumed. See Carroll v. DeBuono,
998 F. Supp. 190 (N.D.N.Y. 1998).
In brief, plaintiffs seek attorneys' fees pursuant to a
judgment obtained against New York State and county
commissioners. That judgment declared invalid and enjoined
enforcement of New York State Department of Social Service
regulation 18 N.Y.C.R.R. 360-7.5(a)(5) (the "Regulation"),
which limited reimbursement of medical costs incurred three
months prior to their application to medical care provided by
an enrolled-Medicaid provider.
1. Plaintiffs' Motion for Attorneys' Fees
As prevailing parties, plaintiffs are entitled to reasonable
attorneys' fees pursuant 42 U.S.C. § 1988. Maher v. Gagne,
448 U.S. 122, 128-29, 100 S.Ct. 2570, 65 L.Ed.2d 653 (1980);
Maine v. Thiboutot, 448 U.S. 1, 8-9, 100 S.Ct. 2502, 65
L.Ed.2d 555 (1980). To determine a reasonable fee, a court must
first establish a "lodestar" figure by multiplying the number
of hours reasonably expended by the party's attorneys by a
reasonable hourly rate. Blum v. Stenson, 465 U.S. 886, 888,
104 S.Ct. 1541, 79 L.Ed.2d 891 (1984); Hensley v. Eckerhart,
461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). The
resulting lodestar may then be adjusted, at the district
court's discretion, based on other factors. Hensley, 461 U.S.
at 429 n. 3, 103 S.Ct. 1933. (enumerating other factors).
In determining the hourly rate, I am mindful of the Supreme
Court's adoption of the marketplace model. See Blum, 465 U.S.
at 896, 104 S.Ct. 1541; see also Fiacco v. Rensselaer,
663 F. Supp. 743, 745 (N.D.N.Y. 1987); Levy v. Scranton, 1992 WL
265936, at *2 (N.D.N.Y. Oct.1, 1992); Auburn Enlarged City
Sch. Dist. v. Coastal Env. Safety and Control, Inc., 1990 WL
19139, at *1 (N.D.N.Y. Feb.27, 1990). A district court also
considers other rates that have been awarded in similar cases
in the same district. Levy, 1992 WL 265936, at *3; Miner v.
City of Glens Falls, 1992 WL 349668, at *17 (N.D.N.Y. Nov.12,
1992), aff'd, 999 F.2d 655 (2d Cir. 1993); Fiacco, 663
F. Supp. at 745; Auburn Enlarged City Sch. Dist., 1990 WL
19139, at *2.
For approximately the last ten years, the highest rates
generally available in the Northern District of New York were
$150.00 per hour for partners with significant experience and
numerous years of practice, $100.00 per hour for associates,
and $50.00 per hour for paralegal work. See, e.g., Serbalik v.
Gray, 1999 WL 34989, *3 (N.D.N.Y. Jan.14, 1999); Marshall v.
State of New York, 31 F. Supp.2d 100, 103-04 (N.D.N.Y. 1998);
Abou-Khadra v. Bseirani, 971 F. Supp. 710, 718 (N.D.N Y
1997), Equal Employment Opportunity Comm'n v. American Fed'n
of State, County and Mun. Employees, 1996 WL 663971, at *7
(N.D.N.Y. Nov.12, 1996). These rates, however, were recently
increased to reflect the prevailing market rates in this
district. TM Park Ave. Assocs. v. Pataki, 44 F. Supp.2d 158,
166-67 (N.D.N.Y. 1999).
Consistent with TM Park, the applicable hourly rate depends
on an attorney's professional experience. Thus, as a general
rule, partners with significant experience and numerous years
of practice are entitled to reimbursement at the hourly rate of
$175.00; associates with four or more years of experience at
the hourly rate of $125.00; and newly-admitted attorneys at the
rate of $100.00 per hour, i.e., attorneys who have been
practicing for three years or less. TM Park Ave. Assocs., at
166-67. The applicable rate for paralegal work remains at $50
In this case, plaintiffs seek hourly fees of $150.00 per hour
for two associates, Kathleen Treasure and Seth Eisenberg.
Treasure has four years of professional experience; thus,
applying the rate structure discussed above, she is entitled to
$125.00 per hour. Eisenberg has less than three years of
experience; thus, he is entitled to $100.00 per hour. Partners
Danziger, Nichols, and Hogan, will each be compensated at ...