2014 New York 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.
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