1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 85 N.Y.2d
  5. 85 N.Y.2d 346 (1995)
 

NYS CLINICAL LAB. v. KALADJIAN

85 N.Y.2d 346 (1995)

649 N.E.2d 811

625 N.Y.S.2d 463

In the Matter of New York State Clinical Laboratory Association, Inc., Appellant, v. Gregory Kaladjian, as Acting Commissioner of Social Services of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided February 23, 1995.

Attorney(s) appearing for the Case

Harter, Secrest & Emery, Rochester (Thomas G. Smith of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Daniel Smirlock, Jerry Boone and Peter H. Schiff of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

The issue presented on this appeal is whether a partially prevailing petitioner may recover attorney's fees from the State pursuant to CPLR article 86, the Equal Access to Justice Act (State EAJA). This petitioner is not entitled to a fee award because it is not a "prevailing party" within the meaning of the State EAJA and the State's position in this litigation was substantially justified.

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases