Cross appeals from a judgment of the Supreme Court at Special Term (Swartwood, J.), entered January 28,1981 in Chemung County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, challenging the validity of respondents’ denials of public assistance to petitioners’ respective minor children, ordered that such assistance be furnished provided the children otherwise qualify for assistance, remitted the matter to respondent Chemung County Department of Social Services to determine eligibility for such assistance, and upon a finding of eligibility to provide such assistance retroactively to December 5, 1980 in the case of petitioner Johnson and to December 2, 1980 in the case of petitioner Stone, and further denied payment of counsel fees to the attorneys for petitioners. Respondents Blum and Fortier have appealed from the judgment to the extent that it determines petitioners’
