Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental Conservation

Memorandum:

Petitioner appeals from an amended order that denied its application for an award of counsel fees pursuant to the New York State Equal Access to Justice Act ([EAJA] CPLR art 86) and its motion pursuant to CPLR 2001 to supplement the application with information concerning petitioner’s eligibility as a “party” pursuant to the EAJA. Petitioner sought an award of counsel fees with respect to litigation following an administrative determination in which respondent New York State Department of Environmental Conservation denied petitioner’s applications for acceptance into the Brownfield…