Hickey v. Sinnott

OPINION OF THE COURT

Thomas W. Keegan, J.

Petitioner moves this court seeking to recover attorneys’ fees pursuant to the New York State Equal Access to Justice Act (CPLR art 86 [EAJA]). Respondents oppose the motion, and cross-move for leave to commence discovery and a stay. *574CPLR article 86 provides that “a court shall award to a prevailing party, other than the state, fees and other expenses incurred by such party in any civil action brought against the state, unless the court finds that the position of the state was substantially justified or that special circumstances make an award unjust.”…