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MATTER OF CINTRON v. CALOGERO

8187N, 994/05.

99 A.D.3d 456 (2012)

952 N.Y.S.2d 24

2012 NY Slip Op 6659

In the Matter of OSCAR CINTRON, Respondent, v. JUDITH A. CALOGERO, Appellant.

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

October 4, 2012.

The application should have been denied, since DHCR's position in the underlying CPLR article 78 proceeding was "substantially justified" (CPLR 8601 [a]), that is, it had a "reasonable basis both in law and fact" (Matter of New York State Clinical Lab. Assn. v Kaladjian, 85 N.Y.2d 346, 356 [1995] [internal quotation marks omitted]). Indeed, when the proceeding commenced, appellate precedent existed supporting the agency's position...

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