Appellate Division of the Supreme Court of the State of New York December 23, 2011 (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.