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MATTER OF PARKER v. NEW YORK STATE DEP'T OF SOC SERVS.

199 A.D.2d 928 (1993)

606 N.Y.S.2d 91

In the Matter of Suellen Parker, Respondent, v. New York State Department of Social Services, Appellant, et al., Respondent

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

December 30, 1993

Casey, J.

At issue on this appeal is whether Supreme Court was authorized to grant petitioner an award of counsel fees and expenses in the amount of $4,500. Petitioner maintains that authority for the award can be found in CPLR article 86. Respondent State Department of Social Services (hereinafter respondent) contends that petitioner cannot be considered a "prevailing party" within the meaning of CPLR 8602 (f) until the de novo hearing ordered by Supreme...

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