2021 New York Laws
CVP - Civil Practice Law and Rules
Article 86 - Counsel Fees and Expenses in Certain Actions Against the State
8601 - Fees and Other Expenses in Certain Actions Against the State.

§  8601. Fees and other expenses in certain actions against the state.
(a) When awarded. In addition to  costs,  disbursements  and  additional
allowances  awarded  pursuant to sections eight thousand two hundred one
through eight thousand two hundred four and eight thousand three hundred
one through eight thousand three hundred  three  of  this  chapter,  and
except  as  otherwise  specifically  provided  by statute, a court shall
award to a prevailing party,  other  than  the  state,  fees  and  other
expenses  incurred by such party in any civil action brought against the
state, unless the court  finds  that  the  position  of  the  state  was
substantially  justified  or  that  special  circumstances make an award
unjust. Whether the position of the state  was  substantially  justified
shall  be determined solely on the basis of the record before the agency
or official whose act, acts, or failure to act gave rise  to  the  civil
action. Fees shall be determined pursuant to prevailing market rates for
the  kind  and  quality  of the services furnished, except that fees and
expenses may not be awarded to a party for any portion of the litigation
in which the party has unreasonably protracted the proceedings.
  (b) Application for fees. A party seeking an award of fees  and  other
expenses  shall,  within  thirty  days  of final judgment in the action,
submit to the court an  application  which  sets  forth  (1)  the  facts
supporting  the  claim  that  the  party  is  a  prevailing party and is
eligible to receive an award under this section, (2) the amount  sought,
and  (3) an itemized statement from every attorney or expert witness for
whom fees or expenses are sought stating the actual  time  expended  and
the rate at which such fees and other expenses are claimed.