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BIO-TECH MILLS v. JORLING

152 Misc.2d 619 (1991)

Bio-Tech Mills, Inc., Petitioner, v. Thomas C. Jorling, as Commissioner of the New York State Department of Environmental Conservation, Respondent.

Supreme Court, Albany County.

November 21, 1991

Attorney(s) appearing for the Case

Fox & Charles for petitioner. Robert Abrams, Attorney-General (Helene G. Goldberger of counsel), for respondent.

ANTHONY V. CARDONA, J.

This is an application by petitioner, Bio-Tech Mills, Inc., for an award of counsel fees and other expenses pursuant to CPLR article 86, known as the New York State Equal Access to Justice Act (EAJA). In December 1990, petitioner commenced a CPLR article 78 proceeding pursuant to CPLR 7803 (1) seeking an order in the nature of mandamus directing respondent, the Commissioner of the New York State Department

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