2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 86 - (8600 - 8605) COUNSEL FEES AND EXPENSES IN CERTAIN ACTIONS AGAINST THE STATE
8602 - Definitions.

 
    § 8602. Definitions. For the purpose of this article:
    (a)  "Action"  means  any  civil  action or proceeding brought to seek
  judicial review of an action of the state as defined in subdivision  (g)
  of this section, including an appellate proceeding, but does not include
  an action brought in the court of claims.
    (b)  "Fees and other expenses" means the reasonable expenses of expert
  witnesses, the reasonable cost of any study, analysis, consultation with
  experts, and like expenses, and reasonable attorney fees, including fees
  for work performed by law students or paralegals under  the  supervision
  of  an attorney incurred in connection with an administrative proceeding
  and judicial action.
    (c)  "Final  judgment"  means  a  judgment  that  is  final  and   not
  appealable, and settlement.
    (d) "Party" means (i) an individual whose net worth, not including the
  value of a homestead used and occupied as a principal residence, did not
  exceed  fifty  thousand  dollars at the time the civil action was filed;
  (ii) any  owner  of  an  unincorporated  business  or  any  partnership,
  corporation,  association,  real  estate developer or organization which
  had no more than one hundred employees at the time the civil action  was
  filed,  (iii)  any  organization  described  in section 501(c)(3) of the
  Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation
  under section 501(a) of such Code regardless of the number of employees.
    (e) "Position of the state" means the act, acts or failure to act from
  which judicial review is sought.
    (f) "Prevailing party" means a plaintiff or petitioner  in  the  civil
  action  against  the  state who prevails in whole or in substantial part
  where such party and the state prevail upon separate issues.
    (g) "State" means the state or any of  its  agencies  or  any  of  its
  officials acting in his or her official capacity.