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KIMMEL v. STATE OF NEW YORK

No. 36.

29 N.Y.3d 386 (2017)

80 N.E.3d 370

57 N.Y.S.3d 678

2017 NY Slip Op 03689

BETTY L. KIMMEL, Respondent, v. STATE OF NEW YORK et al., Appellants. EMMELYN LOGAN-BALDWIN, Interested Party-Respondent.

Court of Appeals of New York.

reargued March 21, 2017.

Decided May 9, 2017.

Attorney(s) appearing for the Case

Jaeckle Fleischmann & Mugel, LLP, Buffalo ( Mitchell J. Banas, Jr. , and Bradley A. Hoppe , of counsel), for appellants.

Harris Beach PLLC, Pittsford ( A. Vincent Buzard , of counsel), and Harriet L. Zunno , Hilton, for Betty L. Kimmel , respondent.

Harris Beach PLLC, Pittsford ( A. Vincent Buzard , Svetlana K Ivy , and Allison A. Bosworth , of counsel), for Emmelyn Logan-Baldwin, respondent.

Empire Justice Center, Albany ( Saima A. Akhtar , and Susan C. Antos , of counsel) and Legal Services of Central New York, Syracuse ( Samuel Young , of counsel), for Empire Justice Center and another, amici curiae.

Judges RIVERA and ACOSTA concur; Judge WILSON concurs in the result in a separate concurring opinion;

OPINION OF THE COURT

Under the Equal Access to Justice Act (CPLR art 86; hereinafter EAJA), in certain circumstances a court may award reasonable attorneys' fees and costs to a prevailing plaintiff or petitioner in a suit against the State. In this appeal we are asked...

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