Hess et al v. Astrue, No. 1:2009cv02516 - Document 21 (E.D.N.Y. 2010)

Court Description: DECISION AND ORDER: Upon a thorough de novo review of the record and the arguments of counsel, this Court is in full agreement with Judge Pohorelsky's finding that plaintiffs were not "prevailing parties" entitled to a fee award pursua nt to the EAJA, and, therefore, the April 2, 2010 Report and Recommendation of Judge Pohorelsky is adopted in full as the opinion of this Court. Plaintiffs' motion for fees is denied. Ordered by Judge Eric N. Vitaliano on 7/2/2010. (Brucella, Michelle)