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MATTER OF TORMOS v. HAMMONS

259 A.D.2d 434 (1999)

687 N.Y.S.2d 336

In the Matter of KATHRYN TORMOS, Respondent, v. MARVA HAMMONS, Appellant, et al., Respondent.

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

Decided March 30, 1999.

We agree with the IAS Court's determination that petitioner, as the prevailing party in this CPLR article 78 proceeding seeking restoration of her public assistance benefits, is entitled to an award of attorneys' fees pursuant to CPLR 8601, also known as the New York State Equal Access to Justice Act (EAJA). The record shows that City DSS discontinued petitioner's benefits prior to the completion of the fair hearing she requested, in violation of State regulations (18 NYCRR...

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