In the Matter of WILLIAM WITTLINGER, Appellant,
v.
BRIAN J. WING, as Commissioner of the Office of Temporary and Disability Assistance of the New York State Department of Family Assistance, et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 8, 2003.
Decided February 25, 2003.
Attorney(s) appearing for the Case
Law Offices of Vollmer & Tanck, Jericho (Peter Vollmer of counsel), and Center For Disability Advocacy Rights, Inc., New York City, for appellant.
Eliot Spitzer, Attorney General, New York City (Ann P. Zybert, Michael S. Belohlavek and Marion R. Buchbinder of counsel), for Brian J. Wing and another, respondents.
Michael A. Cardozo, Corporation Counsel, New York City (Ellen B. Fishman and Leonard Koerner of counsel), for Jason A. Turner, respondent.
Steven C. Krane, Albany, for New York State Bar Association, Evan A. Davis, New York City, for Association of the Bar of the City of New York, and Craig A. Landy for New York County Lawyers' Association, amici curiae.
Carole A. Burns, Mineola, for Carole A. Burns & Associates, amicus curiae.
Milbank, Tweed, Hadley & McCloy, New York City (Alexander D. Forger of counsel), for Alexander D. Forger, amicus curiae.
Ellen M. Yacknin, Rochester, Yisroel Schulman, New York City, and Jane Greengold Stevens for Greater Upstate Law Project, Inc., and others, amici curiae.
Martin A. Schwartz, Huntington, for Martin A. Schwartz, amicus curiae.
Rosemarie Perez Jaquith, Albany, for Helene E. Weinstein, amicus curiae.
Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, GRAFFEO and READ concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
ROSENBLATT, J.
Pursuant to the Equal Access to Justice Act (CPLR art 86), a court may award reasonable attorneys' fees to a "prevailing party" in a suit against the State, unless the position of the State was "substantially justified or * * * special circumstances make an award unjust" (CPLR 8601 [a]). In the case before us, we must determine whether the courts below properly denied petitioner...
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