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MISCIAGNO v. SECRETARY OF DHHS

No. CV-90-1504.

786 F.Supp. 1120 (1992)

Philip MISCIAGNO, Plaintiff, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, E.D. New York.

March 13, 1992.

Attorney(s) appearing for the Case

Kathleen A. Sullivan, Brooklyn Legal Services Corp., Brooklyn, N.Y., for plaintiff.

Andrew J. Maloney, U.S. Atty., E.D.N.Y. by Hilary Firestone, Asst. U.S. Atty., Brooklyn, N.Y., for defendant.

MEMORANDUM AND ORDER

SIFTON, District Judge.

This matter is currently before the Court on plaintiff's motion pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(B), for reasonable attorney's fees as the prevailing party in a case against the Secretary of the Department of Health and Human Services.

For the reasons discussed below, this Court finds the motion premature. Under the analysis set forth in Melkonyan v....

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