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MATTER OF LIGHTHOUSE POINTE PROPERTY ASSOCIATES LLC v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

CA 11-01151.

90 A.D.3d 1529 (2011)

935 N.Y.S.2d 760

2011 NY Slip Op 9420

In the Matter of LIGHTHOUSE POINTE PROPERTY ASSOCIATES LLC, Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided December 23, 2011.

It is hereby ordered that the amended order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from an amended order that denied its application for an award of counsel fees pursuant to the New York State Equal Access to Justice Act ([EAJA] CPLR art 86) and its motion pursuant to CPLR 2001 to supplement the application with information concerning petitioner's eligibility as a "party" pursuant to the EAJA. Petitioner sought an award...

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