§ 1102 — Privileges of party with insufficient means to pay costs, fees, and expenses in an action or on appeal

New York § 1102

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 11: Waiver of Costs, Fees, and Expenses

Text

§ 1102. Privileges of party with insufficient means to pay costs,\nfees, and expenses in an action or on appeal. (a) Attorney. Where a\ncourt grants a motion pursuant to subdivision (a) of section one\nthousand one hundred one of this article, the court, in its order\ndetermining the motion, may assign an attorney to the moving party.\n (b) Stenographic transcript. Where a court grants a motion pursuant to\nsubdivision (a) of section one thousand one hundred one of this article,\nthe court clerk, within two days after the filing of such court's order\nwith the court clerk, shall so notify the court stenographer, who,\nwithin twenty days of such notification shall make and certify two\ntypewritten transcripts of the stenographic minutes of said trial or\nhearing, and shall deliver one of said transcripts to the moving party\nor such moving party's attorney, and file the other with the court clerk\ntogether with an affidavit of the fact and date of such delivery and\nfiling. The expense of such transcripts shall be a county charge or, in\nthe counties within the city of New York, a city charge, as the case may\nbe, payable to the stenographer out of the court fund upon the\ncertificate of the judge presiding at the trial or hearing. A moving\nparty may be furnished with a stenographic transcript without fee by\norder of the court in proceedings other than appeal, the fee therefor to\nbe paid by the county or, in the counties within the city of New York by\nthe city, as the case may be, in the same manner as is paid for\ntranscripts on appeal. Notwithstanding this or any other provision of\nlaw, fees paid for stenographic transcripts with respect to those\nproceedings specified in paragraph a of subdivision one of section\nthirty-five of the judiciary law shall be paid by the state in the\nmanner prescribed by subdivision four of section thirty-five of the\njudiciary law.\n (c) Appeals. On an appeal or motion for permission to appeal where a\ncourt grants a motion pursuant to subdivision (a) of section one\nthousand one hundred one of this article, the moving party may submit\ntypewritten briefs and appendices, furnishing one legible copy for each\nappellate justice.\n (d) Costs and fees. Where a court grants a motion pursuant to\nsubdivision (a) of section one thousand one hundred one of this article,\nthe moving party shall not be liable for the payment of any costs or\nfees unless a recovery by judgment or by settlement is had in such\nmoving party's favor, in which event the court may direct such party to\npay out of the recovery all or part of the costs and fees, a reasonable\nsum for the services and expenses of any attorney assigned to such party\nand any sum expended by the county or city under subdivision (b) of this\nsection.\n