Opinion
May 11, 1998
Appeal from the Supreme Court, Rockland County (Meehan, J.).
Ordered that the orders are affirmed, with one bill of costs.
Contrary to the appellants' arguments, they come within the definition of the term "State" pursuant to CPLR 8602 (g) ( see also, Matter of Beaudoin v. Toia, 45 N.Y.2d 343, 347). Moreover, the record supports the. Supreme Court's determination that the appellants' position in the proceeding pursuant to CPLR article 78 was not "substantially justified" (CPLR 8601 [a]; Matter of Mitchell v. Bane, 218 A.D.2d 537, 541). Accordingly, the Supreme Court properly granted the petitioner's application for an award of counsel fees and expenses ( see, CPLR 8601 [a]).
Mangano, P. J., Rosenblatt, Joy and Krausman, JJ., concur.