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KIMMEL v. STATE

257 CA 09-01445

76 A.D.3d 188 (2010)

906 N.Y.S.2d 403

BETTY L. KIMMEL, Appellant, v. STATE OF NEW YORK et al., Respondents. EMMELYN LOGAN-BALDWIN, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 18, 2010.

Attorney(s) appearing for the Case

Harriet L. Zunno , Hilton, for Betty L. Kimmel , appellant.

Williams & Williams, Rochester ( Mitchell T. Williams of counsel), for Emmelyn Logan-Baldwin, appellant.

Jaeckle, Fleischmann & Mugel, LLP, Buffalo ( Mitchell J. Banas, Jr. of counsel), for respondents.

GREEN and GORSKI, JJ., concur with PERADOTTO, J.; SCUDDER, P.J., and CARNI, J., dissent in a separate opinion by SCUDDER, P.J.

OPINION OF THE COURT

PERADOTTO, J.

The primary question presented by this appeal is whether a prevailing plaintiff in a sex discrimination action against the State may recover attorneys' fees and expenses pursuant to the New York State Equal Access to Justice Act (EAJA) (CPLR art 86). We agree with plaintiff and her former attorney, appellant Emmelyn Logan-Baldwin, that they are entitled to seek attorneys' fees and expenses under the plain language of the...

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