Legal Opinion
New York State Clinical Laboratory Ass'n v. Kaladjian
New York Court of Appeals
Decided February 23, 1995PublishedCited by 52 opinions
1Opinion of the Court
*349OPINION OF THE COURT
Ciparick, J.
The issue presented on this appeal is whether a partially prevailing petitioner may recover attorney’s fees from the State pursuant to CPLR article 86, the Equal Access to Justice Act (State EAJA). This petitioner is not entitled to a fee award because it is not a "prevailing party” within the meaning of the State EAJA and the State’s position in this litigation was substantially justified.
In October 1991, respondent Department of Social Services amended 18 NYCRR 505.7, changing the Medicaid payment methodology for certain diagnostic laboratory tests performed…
2Cases cited7 opinions
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3Cited by52 opinions
- Gordon v. Village of Monticello, Inc.New York Court of Appeals · 1995
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- Loehr v. New York State Unified Court SystemAppellate Division of the Supreme Court of the State of New York · 2017
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