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MATTER OF HUGGINS v. COUGHLIN

209 A.D.2d 770 (1994)

617 N.Y.S.2d 989

In the Matter of Samuel Huggins, Appellant, v. Thomas Coughlin, as Commissioner of The New York State Department of Correctional Services, Respondent

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

November 3, 1994

Yesawich Jr., J.

In a prior proceeding, this Court annulled respondent's determination finding petitioner guilty of violating several prison disciplinary rules (see, Matter of Huggins v Coughlin, 184 A.D.2d 823) and petitioner thereafter moved for an award of counsel fees pursuant to CPLR article 86. Supreme Court denied the motion, finding the State's position to have been "substantially justified" (CPLR...

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