§ 8602 — Definitions

New York § 8602

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 86: Counsel Fees and Expenses In Certain Actions Against the State

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