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MATTER OF PECK v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

188 A.D.2d 327 (1992)

In the Matter of Norman L. Peck, Appellant, v. New York State Division of Housing and Community Renewal, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 8, 1992

Preliminarily, it should be noted that CPLR article 86 is in derogation of the common law in that it shifts to the State the obligation for the payment of counsel fees in limited circumstances and should therefore be strictly construed. Petitioner is not an eligible party under paragraph (ii) of CPLR 8602 (d) under the theory that an individual may be an "owner of an unincorporated business" that has no more than 100 employees...

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