Greer v. Bane, 87 N.Y.2d 625 (1996)
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The New York Equal Access to Justice Act (EAJA) does not authorize attorney fee awards for administrative proceedings that precede a civil action seeking judicial review; fees are only recoverable for the civil action itself and any administrative proceedings conducted on remand from that action.
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Summary
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The Greer sisters sought attorney’s fees under the New York Equal Access to Justice Act (EAJA) for legal work performed during administrative proceedings where they were initially denied foster care benefits. These proceedings predated their successful Article 78 action challenging the denial. The New York Court of Appeals held that the EAJA only permits recovery of attorney’s fees for the civil action seeking judicial review and any subsequent administrative proceedings on remand. The Court reasoned that the statute’s plain language and legislative history demonstrated an intent to limit fee recovery to the judicial action itself, aligning the state law with its federal counterpart.
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Facts
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Teresa, Cynthia, and Sandra Greer are sisters who cared for the minor children of their sister, Rhonda Greer. After Rhonda abandoned three children, the New York City Human Resources Administration’s Child Welfare Administration (ACS) placed them with Teresa and Cynthia in 1986. In 1991, Rhonda abandoned a fourth child, who was placed with Sandra. Starting in 1986, Teresa and Cynthia unsuccessfully requested foster care benefits from ACS. In 1991, all three sisters requested fair hearings from the New York State Department of Social Services to challenge ACS’s denial of benefits.
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Procedural History
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The sisters initiated a CPLR Article 78 proceeding after their request for fair hearings to challenge the denial of benefits was rejected. Supreme Court vacated the fair hearing decision, ordering a new hearing and retroactive foster care payments unless ACS proved the sisters were unfit or that the children were not endangered before their custody. On remand, the State awarded retroactive foster care payments. Petitioners then sought attorney’s fees under CPLR Article 86, the Equal Access to Justice Act. Supreme Court denied fees for the initial administrative proceeding, limiting the award to the Article 78 litigation and subsequent hearing. The Appellate Division affirmed, and the Court of Appeals affirmed that decision.
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Issue(s)
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Whether the New York Equal Access to Justice Act (EAJA) allows for an award of attorney’s fees for work performed in connection with an administrative proceeding that predates a civil action seeking judicial review of an agency action.
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Holding
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No, because the EAJA limits the award of fees and expenses to those incurred in the civil action brought against the state seeking judicial review, and does not encompass administrative proceedings that precede such a civil action.
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Court’s Reasoning
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The Court of Appeals held that Section 8601(a) of the EAJA restricts fee awards to expenses incurred “in any civil action brought against the state.” An