Pursuant to CPLR article 86, the State "Equal Access to Justice Act," 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" (CPLR 8601 [a]). Here, contrary to the IAS court's determination, petitioner was the prevailing party in this action...
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