Legal Opinion

Huggins v. Coughlin

Appellate Division of the Supreme Court of the State of New York

Decided November 3, 1994PublishedCited by 3 opinions

1Opinion of the CourtYesawich Jr., J.

Appeal from an order of the Supreme Court (Harris, J.), entered June 1, 1993 in Albany County, which denied petitioner’s application pursuant to CPLR 8601 for an award of counsel fees.

In a prior proceeding, this Court annulled respondent’s determination finding petitioner guilty of violating several prison disciplinary rules (see, Matter of Huggins v Coughlin, 184 AD2d 823) and petitioner thereafter moved for an award of counsel fees pursuant to CPLR article 86. Supreme Court denied the motion, finding the State’s position to have been "substantially justified” (CPLR 8601 [a]), and petitioner…

2Cases cited9 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Wynter v. JonesAppellate Division of the Supreme Court of the State of New York · 1987
  3. Harris v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1986
  4. Alvarado v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1985
  5. Scibilia v. ReganAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by3 opinions

  1. Barnett v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1995
  2. Perez v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1999
  3. Santos v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995

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