Legal Opinion
MATTER OF WITTLINGER v. Wing
New York Court of Appeals
Decided February 25, 2003PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
Pursuant to the Equal Access to Justice Act (CPLR art 86), a court may award reasonable attorneys’ fees to a “prevailing party” in a suit against the State, unless the position of the State was “substantially justified or * * * special circumstances make an award unjust” (CPLR 8601 [a]). In the case before us, we must determine whether the courts below properly denied petitioner’s request for attorneys’ fees in connection with his litigation for public assistance benefits. We hold that the Appellate Division did not abuse its discretion in denying petitioner…
2Cases cited3 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- New York State Clinical Laboratory Ass'n v. KaladjianNew York Court of Appeals · 1995
- Thomasel v. PeralesNew York Court of Appeals · 1991
3Cited by15 opinions
- Matter of Brown v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Criss v. New York State Dept. of HealthAppellate Division of the Supreme Court of the State of New York · 2021
- Scott v. ColemanAppellate Division of the Supreme Court of the State of New York · 2005
- Signature Health Center, LLC v. New York State Department of HealthNew York Supreme Court · 2010
- Solla v. BerlinAppellate Division of the Supreme Court of the State of New York · 2013
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