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MATTER OF HICKEY v. SINNOTT

179 Misc.2d 573 (1998)

685 N.Y.S.2d 578

In the Matter of Helene Hickey, Petitioner, v. George Sinnott, as President of the Civil Service Commission of the State of New York, et al., Respondents.

Supreme Court, Albany County.

September 24, 1998

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna, Albany (John J. Henry of counsel), for petitioner. Dennis C. Vacco, Attorney-General, Albany (James B. McGowan of counsel), for respondents.

THOMAS W. KEEGAN, J.

Petitioner moves this court seeking to recover attorneys' fees pursuant to the New York State Equal Access to Justice Act (CPLR art 86 [EAJA]). Respondents oppose the motion, and cross-move for leave to commence discovery and a stay.

CPLR article 86 provides that "a court shall award to a prevailing party, other than the state, fees and other expenses incurred by such party in any...

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