reglab/statecodes huggingface dataset:
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7515 - Mandatory Arbitration Clauses; Prohibited.

§ 7515. Mandatory arbitration clauses; prohibited. (a) Definitions. As
used in this section:
1.  The  term  "employer"  shall  have the same meaning as provided in
subdivision five of section two hundred ninety-two of the executive law.
2. The term "prohibited clause" shall mean any clause or provision  in
any  contract  which  requires  as a condition of the enforcement of the
contract or obtaining remedies  under  the  contract  that  the  parties
submit  to  mandatory  arbitration to resolve any allegation or claim of
discrimination,  in  violation  of  laws   prohibiting   discrimination,
including but not limited to, article fifteen of the executive law.
3.  The  term  "mandatory  arbitration  clause"  shall  mean a term or
provision contained in a written contract which requires the parties  to
such  contract  to  submit  any  matter  thereafter  arising  under such
contract to arbitration prior to the commencement of any legal action to
enforce the provisions of such contract and which also further  provides
language to the effect that the facts found or determination made by the
arbitrator  or  panel  of  arbitrators  in  its  application  to a party
alleging   discrimination,   in   violation    of    laws    prohibiting
discrimination,  including  but  not  limited to, article fifteen of the
executive law shall be  final  and  not  subject  to  independent  court
review.
4.  The  term  "arbitration"  shall  mean the use of a decision making
forum conducted by an arbitrator or  panel  of  arbitrators  within  the
meaning  and  subject  to  the provisions of article seventy-five of the
civil practice law and rules.
(b) (i) Prohibition. Except where inconsistent with  federal  law,  no
written  contract,  entered  into on or after the effective date of this
section shall contain a prohibited clause as defined in paragraph two of
subdivision (a) of this section.
(ii) Exceptions. Nothing contained in this section shall be  construed
to  impair  or  prohibit an employer from incorporating a non-prohibited
clause or other mandatory arbitration provision  within  such  contract,
that the parties agree upon.
(iii)  Mandatory  arbitration  clause  null  and  void.  Except  where
inconsistent with federal law, the provisions of such prohibited  clause
as  defined in paragraph two of subdivision (a) of this section shall be
null and void. The inclusion of such clause in a written contract  shall
not  serve  to  impair the enforceability of any other provision of such
contract.
(c) Where there  is  a  conflict  between  any  collective  bargaining
agreement and this section, such agreement shall be controlling.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75 - Arbitration › 7516 - Confirmation of an Award Based on a Consumer Credit Transaction.

§   7516.  Confirmation  of  an  award  based  on  a  consumer  credit
  transaction. In any proceeding under section 7510  of  this  article  to
  confirm  an  award  based  on  a  consumer credit transaction, the party
  seeking to confirm the award shall plead the actual terms and conditions
  of the agreement to arbitrate. The party shall attach  to  its  petition
  (a) the agreement to arbitrate; (b) the demand for arbitration or notice
  of   intention  to  arbitrate,  with  proof  of  service;  and  (c)  the
  arbitration award, with proof of service. If the award does not  contain
  a statement of the claims submitted for arbitration, of the claims ruled
  upon  by  the  arbitrator, and of the calculation of figures used by the
  arbitrator in arriving at the award, then  the  petition  shall  contain
  such  a  statement.  The  court shall not grant confirmation of an award
  based on a consumer credit  transaction  unless  the  party  seeking  to
  confirm the award has complied with this section.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7550 - Definitions.

§ 7550. Definitions. As used in this article:
(a)  "Arbitration  administrator"  means  an  entity designated by the
superintendent of financial services to administer  the  arbitration  of
disputes pursuant to this article.
(b) "Hospital" has the same meaning as is set forth in subdivision ten
of section twenty-eight hundred one of the public health law.
(c)  "Health  maintenance organization" has the same meaning as is set
forth in subdivision one of section forty-four hundred one of the public
health law and shall include health maintenance organizations authorized
pursuant to article forty-three of the insurance law.
(d) "Health care provider" includes any person or entity  employed  or
otherwise involved in the provision of health care or treatment.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7551 - Applicability.

§  7551.  Applicability. The provisions of this article shall apply to
  all claims for damages because of injury or death resulting from  health
  care  or  treatment  rendered  or failed to be rendered to enrollees and
  other covered family members of health maintenance organizations and all
  other claims, cross-claims, counter-claims, and claims for  contribution
  and  indemnity  arising  from  claims subject to agreements to arbitrate
  made pursuant to section forty-four hundred six-a of the  public  health
  law  and  to  arbitrations authorized pursuant to section thirty hundred
  forty-five of this chapter.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7552 - Health Care Arbitration Proceedings.

§  7552. Health care arbitration proceedings. (a) Proceedings pursuant
to this article shall be commenced  and  conducted  in  accordance  with
article  seventy-five  of  this chapter, except as otherwise provided by
this  article,  and  in  accordance  with  rules  promulgated   by   the
arbitration   administrator   and  approved  by  the  superintendent  of
financial services.
(b) The standards of duty, practice,  or  care  to  be  applied  to  a
physician,  dentist,  hospital, health maintenance organization or other
health care provider in the arbitration shall be the same  standards  as
would be applied in a comparable medical or dental malpractice action.
(c)  Damages  shall be determined in accordance with provisions of law
applicable  to  medical  and  dental   malpractice   actions.   Attorney
contingency  fee  agreements shall be valid and subject to provisions of
law applicable to medical and dental malpractice actions.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7553 - Costs of the Proceeding.

§  7553.  Costs  of  the  proceeding.  The  administrative  expense of
  arbitrations shall be paid  from  the  arbitration  administration  fund
  established  pursuant  to section five thousand six hundred three of the
  insurance law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7555 - Screening for Bias; Communication With Arbitrator Candidates.

§  7555. Screening for bias; communication with arbitrator candidates.
(a) Prior to inclusion on a list of proposed associate arbitrators,  the
arbitration  administrator  shall  make an appropriate initial screening
for bias  and  shall  require  associate  arbitrator  candidates  for  a
particular  case  to  complete  a  current personal disclosure statement
under oath. In addition to other  relevant  information,  the  statement
shall  disclose  any  personal  acquaintance  with any of the parties or
their counsel and the nature of  such  acquaintance.  If  the  statement
reveals   facts   which  suggest  the  possibility  of  partiality,  the
arbitration administrator shall communicate those facts to the parties.
(b) No party shall communicate with an associate arbitrator candidate,
directly or indirectly, except through the arbitration administrator, at
any time after the filing of the demand for arbitration.  Any  candidate
who  is  aware  of  such  communication  shall  immediately  notify  the
arbitration administrator.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7556 - Demand for Arbitration; Minors; Consolidation of Proceedings.

§  7556. Demand for arbitration; minors; consolidation of proceedings.
(a) Any person subject to an arbitration agreement may  seek  to  compel
arbitration,  pursuant  to section seventy-five hundred three or section
thirty hundred forty-five of this chapter.
(b) Notwithstanding the provisions of section twelve hundred  nine  of
this  chapter,  a  minor  child and a person judicially determined to be
incompetent shall be bound  to  arbitrate  disputes,  controversies,  or
issues  upon  the  execution  of an arbitration election on the person's
behalf by a parent, legal  guardian,  committee,  conservator  or  other
person  legally authorized to enroll such minor or incompetent person in
a health maintenance organization, in accordance with the provisions  of
section forty-five hundred six-a of the public health law.
(c) Separate arbitration proceedings brought pursuant to this article,
which  involve  common  question  of law and fact, shall be consolidated
into a single arbitration proceeding.
(d) Except for  arbitrations  commenced  pursuant  to  section  thirty
hundred  forty-five  of this chapter, any case involving a person who is
not bound to participate  in  the  arbitration  proceeding  pursuant  to
subdivision (e) of section forty-four hundred six-a of the public health
law  shall  not  be  subject  to the arbitration proceeding, unless such
person and all parties who are subject to the arbitration consent to the
arbitration of the claim. Absent such consent, any  party  may  seek  to
stay  such  arbitrations, pursuant to section seventy-five hundred three
of this chapter, notwithstanding any  time  limits  that  may  otherwise
apply  to  such  a  stay,  and  require the matter to proceed as a civil
action. In the event that such an arbitration is stayed, the arbitration
administrator shall forthwith transfer the case  to  the  clerk  of  the
court  in the venue designated by the plaintiff, where the case shall be
expeditiously reviewed and assigned in accordance with rules promulgated
by the chief administrator of the courts. If the demand for  arbitration
was  made  or  a  notice of intention to arbitrate was served within the
limitations of time specified by article two of this  chapter,  and  the
arbitration  was  subsequently  stayed  and  transferred to a court, the
action shall be deemed to have been timely commenced, in accordance with
the provisions of subdivision (a) of section two hundred  five  of  this
chapter.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7557 - Reparation Offers; Denials of Liability.

§  7557.  Reparation  offers; denials of liability. All communications
  incidental to settlement made orally or in writing by  any  party  shall
  not be disclosed to the arbitration panel, unless all parties consent to
  such disclosure.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7558 - Depositions and Discovery; Rules of the Arbitration Administrator; Adjournments.

§   7558.   Depositions   and  discovery;  rules  of  the  arbitration
administrator; adjournments. (a) After the appointment of the  panel  of
arbitrators and notwithstanding inconsistent provisions of sections four
hundred  eight  and  three thousand one hundred two of this chapter, the
parties to the arbitration may take  depositions  and  obtain  discovery
regarding  the  subject  matter of the arbitration and, to that end, use
and  exercise  the  same  rights,  remedies,  and  obligations  in   the
arbitration  as if the subject matter of the arbitration were pending in
a civil action.
(b) The arbitration administrator shall promulgate rules,  subject  to
the  approval of the superintendent of financial services, to ensure the
expeditious completion of discovery  and  the  prompt  commencement  and
conclusion of the hearing, consistent with applicable provisions of rule
thirty-four hundred six of this chapter.
(c)  An  adjournment  at the request of counsel for any of the parties
may be granted only by the chairperson  of  the  panel  for  good  cause
shown.  A  proceeding  under  this  article shall be treated in the same
manner as an action or proceeding in supreme court for  the  purpose  of
any claim by counsel of actual engagement.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7559 - Hearing; Evidence; Record; Neutral Experts.

§ 7559. Hearing; evidence; record; neutral experts. (a) An arbitration
hearing  shall  be  informal  and  the  rules of evidence shall be those
applicable to arbitrations conducted pursuant to article seventy-five of
this chapter.
(b) Testimony at the hearing shall be taken under oath and a record of
the proceedings shall be made by  a  recording  device.  Any  party  may
obtain  a  copy  of  the  recording  of  the  proceeding, which shall be
provided without charge. A party, at  that  party's  expense,  may  also
utilize  the  services  of  a  stenographic  reporter.  The  cost of any
transcription ordered by the panel of arbitrators for its own use  shall
be deemed part of the cost of the proceedings.
(c)  The panel on its own motion may call a neutral expert witness who
shall be subject to cross-examination by the parties. The  cost  of  the
expert will be deemed a cost of the proceeding.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7561 - Use of Depositions; Enforcement of Discovery Procedures.

§  7561.  Use of depositions; enforcement of discovery procedures. (a)
On application of a party to the arbitration, the chairperson may permit
the deposition of a witness to be used as evidence, in  accordance  with
the  provisions  of  rule  three  thousand one hundred seventeen of this
chapter.
(b) Depositions shall be taken in the manner prescribed by law for the
taking of depositions in civil actions.
(c) The chairperson may enforce the failure of parties to comply  with
applicable discovery obligations in the same manner as a court, pursuant
to  section  three  thousand  one  hundred  twenty-six  of this chapter,
including through the imposition of costs, payable  to  the  arbitration
fund,  provided,  however, that the chairperson shall not have the power
to find a party in contempt.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7562 - Witnesses' Fees and Mileage; Arbitrators' Fees and Expenses.

§  7562.  Witnesses' fees and mileage; arbitrators' fees and expenses.
(a) Except  for  the  parties  to  the  arbitration  and  their  agents,
officers,  and  employees,  all witnesses appearing pursuant to subpoena
are entitled to receive fees and mileage in the same  amount  and  under
the  same  circumstances  as  prescribed  by  law for witnesses in civil
actions.  The  fee  and  mileage  of  a  witness  subpoenaed  upon   the
application  of  a party to the arbitration shall be paid by that party.
The fee and mileage of a witness subpoenaed solely at the request of  an
arbitrator shall be deemed to be a cost of the proceeding.
(b)  Each  arbitrator's salary or fees and expenses, together with any
other costs of  the  proceeding  shall  be  paid  from  the  arbitration
administration  fund  established  pursuant to section five thousand six
hundred three of the insurance law. The range of such salary or fees and
expenses and the  manner  of  their  payment  shall  be  established  by
regulation of the superintendent of financial services.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7563 - Briefs; Award; Decision.

§  7563. Briefs; award; decision. (a) The panel may order that written
briefs be submitted within thirty days after the close of  hearings.  In
written  briefs  each party may summarize the evidence and testimony and
may propose a comprehensive award of compensatory elements.
(b) The panel of arbitrators shall render  its  decision  by  majority
vote  and  the  decision  shall be rendered within thirty days after the
close of the hearing or the receipt of briefs, if briefs are requested.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7564 - Form of Decision; Costs Upon Frivolous Claims and Counterclaims.

§   7564.   Form   of   decision;  costs  upon  frivolous  claims  and
counterclaims. (a) The decision in the arbitration proceeding  shall  be
in  the  form required by sections seven thousand five hundred seven and
four thousand two hundred thirteen of this chapter and  shall  be  filed
with the arbitration administrator.
(b)  The  panel  of  arbitrators shall be empowered to award costs and
reasonable attorney's fees to a successful party in an  arbitration,  if
the  panel  finds that the action, claim, counterclaim, defense or cross
claim of an unsuccessful party is  frivolous,  in  accordance  with  the
provisions  and  subject  to  the  limitations of section eight thousand
three hundred three-a of this chapter. The arbitration fee paid  by  the
claimant  shall  be recoverable by the claimant in the event an award is
made to the claimant.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 75-A - Health Care Arbitration › 7565 - Modification and Judicial Review of Decision.

§  7565. Modification and judicial review of decision. A decision of a
  panel of arbitrators shall be binding on all parties, unless modified or
  vacated pursuant to section seven thousand five hundred  nine  or  seven
  thousand five hundred eleven of this chapter.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 76 - Proceeding to Enforce Agreement for Determination of Issue › 7601 - Special Proceeding to Enforce Agreement That Issue or Controversy Be Determined by a Person Named or to Be Selected.

§  7601.  Special  proceeding  to  enforce  agreement  that  issue  or
  controversy be determined by a person named or to be selected. A special
  proceeding may be commenced to specifically enforce an agreement that  a
  question  of  valuation,  appraisal  or  other  issue  or controversy be
  determined by a person named or to be selected. The  court  may  enforce
  such  an agreement as if it were an arbitration agreement, in which case
  the  proceeding  shall  be  conducted  as  if  brought   under   article
  seventy-five  of  this  chapter.  Where  there  is a defense which would
  require dismissal  of  an  action  for  breach  of  the  agreement,  the
  proceeding  shall  be  dismissed.  Provided,  however, that this section
  shall not  apply  to  any  agreement  contained  in  the  standard  fire
  insurance policy of the state with the exception of an action to enforce
  the  appraisal  clause  pursuant  to section three thousand four hundred
  eight of the insurance law which shall not be enforced as an arbitration
  agreement.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 77 - Proceeding Relating to Express Trust › 7701 - Special Proceeding Relating to Express Trust.

§  7701.  Special  proceeding  relating  to  express  trust. A special
  proceeding may be brought to determine a matter relating to any  express
  trust  except  a  voting  trust,  a mortgage, a trust for the benefit of
  creditors, a trust to carry out  any  plan  of  reorganization  of  real
  property acquired on foreclosure or otherwise of a mortgage or mortgages
  against which participation certificates have been issued and guaranteed
  by  a corporation and for which the superintendent of financial services
  has been or may hereafter be appointed rehabilitator  or  liquidator  or
  conservator, a trust to carry out any plan of reorganization pursuant to
  sections  one  hundred  nineteen through one hundred twenty-three of the
  real property law or pursuant to section seventy-seven B of the national
  bankruptcy act, and trusts for cemetery purposes,  as  provided  for  by
  sections 8-1.5 and 8-1.6 of the estates, powers and trusts law.
Any  party  to  the  proceeding  shall  have  the right to examine the
  trustees, under oath,  either  before  or  after  filing  an  answer  or
  objections,  as  to  any  matter relating to their administration of the
  trust, in accordance with the provisions of article thirty-one.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 77 - Proceeding Relating to Express Trust › 7702 - Verified Account Accompanying Petition.

§  7702.  Verified  account  accompanying  petition.  A  petition by a
  trustee praying that his intermediate or  final  account  be  judicially
  settled shall be accompanied by an account verified in the form required
  by  section  twenty-two  hundred nine of the surrogate's court procedure
  act.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 77 - Proceeding Relating to Express Trust › 7703 - Joinder and Representation of Persons Interested in Trust Property.

§  7703.  Joinder  and  representation  of persons interested in trust
  property. The provisions as to joinder  and  representation  of  persons
  interested in estates as provided in the surrogate's court procedure act
  shall govern joinder and representation of persons interested in express
  trusts.  For  these  purposes,  the  term "will" used in the surrogate's
  court procedure act shall be construed to mean the  instrument  creating
  the trust.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 77 - Proceeding Relating to Express Trust › 7704 - Reference.

§  7704. Reference. No referee shall be appointed to examine and audit
  a trustee's account, or to hear  and  report  on  or  to  determine  any
  questions arising upon the settlement of such account, where:
1. a question of law exclusively is involved; or
2.  no objections have been filed to the transactions set forth in the
  account by any of  the  persons  interested  in  the  trust  or  by  any
  representative  authorized under section 1201 to appear for an infant or
  incompetent interested in the trust or by  a  guardian  ad  litem  of  a
  person not in being interested in the trust.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 77 - Proceeding Relating to Express Trust › 7705 - Recording or Filing Instrument Settling Account.

§  7705. Recording or filing instrument settling account. There may be
  recorded or filed in the office of the clerk or register of  the  county
  where  any  trustee  under  an  express trust not created by will, if an
  individual, resides, or, if a corporation, has its principal office, any
  instrument settling an account, in whole or in part, executed by one  or
  more  such  trustees and by one or more of the persons interested in the
  subject-matter of the trust, none of whom is  under  the  disability  of
  infancy  or  incompetency. Every such instrument to be recorded or filed
  shall be  acknowledged;  and  if  recorded  the  record  thereof,  or  a
  certified copy of the record or instrument shall be prima facie evidence
  of the contents of such instrument and its due execution.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 77 - Proceeding Relating to Express Trust › 7706 - Order on Filing Instrument Settling Account.

§  7706.  Order  on  filing  instrument  settling  account.  Where  an
  instrument described in section seven thousand  seven  hundred  five  of
  this  article  has  been  executed  by  all  of the persons who would be
  necessary parties in a proceeding under  section  seven  thousand  seven
  hundred  one  of  this  article, none of whom is under the disability of
  infancy or incompetency, one or more of the trustees may present to  the
  court  a  petition  showing  the  names and post office addresses of all
  persons interested in the trust, whether or not the trust has been fully
  executed,  that  the  petitioner  has  fully  accounted  and  made  full
  disclosure  in writing of his administration of the trust to all persons
  interested, and praying  that  his  intermediate  or  final  account  be
  judicially   settled.  There  shall  be  filed  with  the  petition  the
  instrument described in section seven thousand  seven  hundred  five  of
  this  article.    The  court  may  thereupon  make an order settling the
  petitioner's account and discharging the petitioner and sureties on  his
  bond,  if  any,  from  any  further  liability to all persons interested
  therein.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 78 - Proceeding Against Body or Officer › 7801 - Nature of Proceeding.

§  7801.  Nature of proceeding. Relief previously obtained by writs of
  certiorari to review, mandamus or prohibition shall  be  obtained  in  a
  proceeding under this article. Wherever in any statute reference is made
  to  a  writ  or  order  of  certiorari,  mandamus  or  prohibition, such
  reference shall, so far  as  applicable,  be  deemed  to  refer  to  the
  proceeding  authorized  by this article. Except where otherwise provided
  by law, a proceeding under this article shall not be used to challenge a
  determination:
1. which is not final or can be adequately reviewed  by  appeal  to  a
  court  or  to  some  other  body or officer or where the body or officer
  making the determination is expressly authorized by  statute  to  rehear
  the matter upon the petitioner's application unless the determination to
  be  reviewed  was made upon a rehearing, or a rehearing has been denied,
  or the time within which the petitioner  can  procure  a  rehearing  has
  elapsed; or
2. which was made in a civil action or criminal matter unless it is an
  order  summarily  punishing  a contempt committed in the presence of the
  court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 78 - Proceeding Against Body or Officer › 7802 - Parties.

§  7802.  Parties. (a) Definition of "body or officer". The expression
"body or officer" includes every court,  tribunal,  board,  corporation,
officer, or other person, or aggregation of persons, whose action may be
affected by a proceeding under this article
(b)  Persons whose terms of office have expired; successors.  Whenever
necessary to accomplish substantial justice,  a  proceeding  under  this
article  may  be  maintained  against  an officer exercising judicial or
quasi-judicial functions, or member of a body whose term of  office  has
expired. Any party may join the successor of such officer or member of a
body  or  other person having custody of the record of proceedings under
review.
(c) Prohibition in favor of another. Where the proceeding  is  brought
to  restrain  a  body or officer from proceeding without or in excess of
jurisdiction in favor of another, the latter shall be joined as a party.
(d) Other interested persons. The court may direct that notice of  the
proceeding be given to any person. It may allow other interested persons
to intervene.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 78 - Proceeding Against Body or Officer › 7803 - Questions Raised.

§  7803.  Questions raised. The only questions that may be raised in a
  proceeding under this article are:
1. whether the body or officer failed to perform a duty enjoined  upon
  it by law; or
2. whether the body or officer proceeded, is proceeding or is about to
  proceed without or in excess of jurisdiction; or
3.  whether a determination was made in violation of lawful procedure,
  was affected by an error of law or was arbitrary and  capricious  or  an
  abuse  of discretion, including abuse of discretion as to the measure or
  mode of penalty or discipline imposed; or
4. whether a determination made as a result of a hearing held, and  at
  which evidence was taken, pursuant to direction by law is, on the entire
  record, supported by substantial evidence.
5.  A  proceeding  to  review  the final determination or order of the
  state review officer pursuant to subdivision three of section forty-four
  hundred four of the education law shall be brought pursuant  to  article
  four  of  this chapter and such subdivision; provided, however, that the
  provisions of this article shall not apply to any  proceeding  commenced
  on or after the effective date of this subdivision.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 78 - Proceeding Against Body or Officer › 7805 - Stay.

§ 7805. Stay. On the motion of any party or on its own initiative, the
  court   may   stay  further  proceedings,  or  the  enforcement  of  any
  determination under review, upon terms including  notice,  security  and
  payment  of  costs,  except that the enforcement of an order or judgment
  granted by the appellate division in a proceeding under this article may
  be stayed only by order of  the  appellate  division  or  the  court  of
  appeals. Unless otherwise ordered, security given on a stay is effective
  in favor of a person subsequently joined as a party under section 7802.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 78 - Proceeding Against Body or Officer › 7806 - Judgment.

§  7806. Judgment. The judgment may grant the petitioner the relief to
  which he is entitled, or may dismiss the proceeding either on the merits
  or with leave to renew. If  the  proceeding  was  brought  to  review  a
  determination,  the  judgment  may annul or confirm the determination in
  whole or in part, or modify it, and may  direct  or  prohibit  specified
  action  by  the  respondent.  Any  restitution or damages granted to the
  petitioner must be incidental  to  the  primary  relief  sought  by  the
  petitioner,  and  must be such as he might otherwise recover on the same
  set of facts in a separate action or proceeding suable  in  the  supreme
  court against the same body or officer in its or his official capacity.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8001 - Persons Subpoenaed; Examination Before Trial; Transcripts of Records.

§  8001.  Persons subpoenaed; examination before trial; transcripts of
records.  (a)  Persons  subpoenaed.  Any  person  whose  attendance   is
compelled by a subpoena, whether or not actual testimony is taken, shall
receive  for  each  day's attendance fifteen dollars for attendance fees
and twenty-three cents as travel expenses for each mile to the place  of
attendance  from the place where he or she was served, and return. There
shall be no mileage fee for travel wholly within a city.
(b) Persons subpoenaed upon an examination before trial. If a  witness
who  is  not  a party, or agent or employee of a party, is subpoenaed to
give testimony,  or  produce  books,  papers  and  other  things  at  an
examination  before  trial, he shall receive an additional three dollars
for each day's attendance.
(c) Transcripts of records. Wherever the preparation of  a  transcript
of  records  is  required in order to comply with a subpoena, the person
subpoenaed shall receive an additional fee of ten cents per  folio  upon
demand.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8002 - Stenographers.

§   8002.   Stenographers.   Unless   otherwise  provided  by  law,  a
  stenographer is entitled, for a copy fully written out from his  or  her
  stenographic  notes  of testimony or other proceedings taken in a court,
  and furnished upon request to a party or his or her attorney, to the fee
  set forth in the rules promulgated by the  chief  administrator  of  the
  courts.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8003 - Referees.

§  8003.  Referees. (a) Generally. A referee is entitled, for each day
spent in the business of the reference, to three hundred  fifty  dollars
unless  a different compensation is fixed by the court or by the consent
in writing of all parties not in default for failure to appear or plead.
(b) Upon sale of real property.  A  referee  appointed  to  sell  real
property  pursuant  to  a  judgment  is  entitled  to  the same fees and
disbursements as those allowed to a sheriff. Where a referee is required
to take security upon a sale, or to distribute, apply, or ascertain  and
report  upon  the  distribution or application of any of the proceeds of
the sale, he or she is also entitled to one-half of the commissions upon
the amount secured, distributed or applied as are allowed by law  to  an
executor   or   administrator   for  receiving  and  paying  out  money.
Commissions in excess of fifty dollars shall not be allowed upon  a  sum
bid  by  a  party, and applied upon that party's judgment, without being
paid to the referee. A referee's  compensation,  including  commissions,
upon  a  sale  pursuant  to a judgment in any action cannot exceed seven
hundred fifty dollars, unless  the  property  sold  for  fifty  thousand
dollars  or more, in which event the referee may receive such additional
compensation as to the court may seem proper.
(c) This section shall not apply to judicial hearing officers who have
been designated referees.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8004 - Commissions of Receivers.

§  8004.  Commissions  of receivers. (a) Generally. A receiver, except
where otherwise prescribed by statute, is entitled to such  commissions,
not exceeding five per cent upon the sums received and disbursed by him,
as  the  court  by  which he is appointed allows, but if in any case the
commissions, so computed, do not amount  to  one  hundred  dollars,  the
court,  may  allow  the  receiver  such a sum, not exceeding one hundred
dollars, as shall be commensurate with the services he rendered.
(b) Allowance where funds  depleted.  If,  at  the  termination  of  a
receivership,  there  are  no  funds  in  the hands of the receiver, the
court, upon application of the receiver, may fix the compensation of the
receiver and the fees of his attorney, in accordance with the respective
services  rendered,  and  may  direct  the  party  who  moved  for   the
appointment  of  the  receiver  to  pay  such  sums,  in addition to the
necessary expenditures incurred by the receiver. This subdivision  shall
not  apply  to  a receiver or his attorney appointed pursuant to article
twenty-three-a of the general business law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8005 - Commissions of Trustees; Advance Payment of Fees of an Attorney-Trustee.

§  8005.  Commissions  of  trustees;  advance  payment  of  fees of an
  attorney-trustee. A trustee of an express trust  shall  be  entitled  to
  commissions  and  the allowance of his expenses and compensation and, if
  he be an attorney admitted to practice in this state, to  the  allowance
  of  a  sum on account of his compensation for legal services theretofore
  rendered to the trust, in the same manner and amount as that provided by
  sections twenty-one  hundred  eleven,  twenty-three  hundred  eight  and
  twenty-three  hundred  eleven of the surrogate's court procedure act for
  testamentary trustees, if the trust was established on or before  August
  thirty-first,  nineteen  hundred  fifty-six,  or  as  that  provided  by
  sections  twenty-one  hundred  eleven,  twenty-three  hundred  nine  and
  twenty-three  hundred  eleven of the surrogate's court procedure act for
  testamentary  trustees,  if  the  trust  was  established  after  August
  thirty-first,  nineteen  hundred  fifty-six  or  as that provided for by
  sections twenty-one hundred eleven and twenty-three hundred  eleven  for
  testamentary trustees and twenty-three hundred twelve of the surrogate's
  court procedure act except that the statements required thereunder to be
  furnished annually in order to retain certain annual commissions need be
  furnished  during the settlor's lifetime only to beneficiaries currently
  receiving  income.  The  court  shall  make  such   determinations   and
  allowances  as  the named sections require or authorize the surrogate to
  make, and the term "will" used in those sections shall be  construed  to
  mean  the  instrument  creating the trust and the phrase "the court from
  which his letters were issued" shall be  construed  to  mean  the  court
  having jurisdiction of the trust.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8006 - Premiums on Undertakings by Fiduciaries.

§ 8006. Premiums on undertakings by fiduciaries. A receiver, assignee,
  guardian,  trustee,  committee,  conservator  or  person appointed under
  section one hundred eleven of the real property  law  or  under  section
  twenty  of  the  personal  property  law,  required  by  law  to give an
  undertaking as such, may include as a part  of  his  necessary  expenses
  such  reasonable  sum,  not  exceeding  one  per cent per annum upon the
  amount of such  undertaking  paid  his  surety  thereon,  as  the  court
  appointing him shall allow.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8008 - Fees and Expenses of Officer to Be Paid Before Transmission of Paper.

§ 8008. Fees and expenses of officer to be paid before transmission of
  paper.  Each  provision of law requiring a judge, clerk or other officer
  to transmit a paper to another officer, for the benefit of a  party,  is
  to be construed as requiring the transmission only at the request of the
  person  so  to be benefited, and upon payment by him of the fees allowed
  by law for the paper transmitted, or any copy or  certificate  connected
  therewith,  and  the  expenses  specified  in section sixty-eight of the
  public officers law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8009 - Oaths; Acknowledgments; Certification or Exemplification.

§ 8009. Oaths; acknowledgments; certification or exemplification.  Any
  authorized  officer  is  entitled,  for  the  services specified, to the
  following fees:
1. for administering an oath or affirmation, and  certifying  it  when
  required,  except  where another fee is specially prescribed by statute,
  two dollars;
2. for taking and  certifying  the  acknowledgment  or  proof  of  the
  execution  of  a  written instrument, two dollars for one person and two
  dollars for each additional person, and two dollars  for  swearing  each
  witness thereto; and
3. for certifying or exemplifying a typewritten or printed copy of any
  document,  paper,  book  or record in his custody, twenty-five cents for
  each folio with a minimum of one dollar.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8010 - County Treasurers.

§   8010.  County  treasurers.  The  treasurer  of  a  county  or  the
  commissioner of finance of the city of New  York  is  entitled  for  the
  services specified to the following fees:
1. two per cent upon a sum of money paid out of court by him;
2. one-half of one per cent upon a sum of money invested by him;
3.  two  per  cent  of  the  par  value  of investments transferred or
  assigned out of court by him, when the investments  have  been  made  by
  him;
4.  two  per  cent of the par value of securities deposited into court
  and received by him, to be paid at  the  time  of  the  deposit  by  the
  parties making it; and
5.  one dollar for each certificate issued by him certifying as to the
  amount of deposit to the credit of court funds.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8013 - Expenses of Sheriffs.

§  8013.  Expenses  of sheriffs. (a) Publication of notice of sale.  A
sheriff, where real property is to be sold by virtue of an execution  or
in  pursuance  of  a  direction  contained in a judgment, is entitled to
reimbursement for printer's fees, paid by him for the publication  of  a
notice  of the sale. Where the notice is published more than four times,
or the sale is postponed, the expense of continuing the publication,  or
of  publishing  the  notice of postponement, shall be paid by the person
requesting it. Where two or more executions against the property of  one
judgment  debtor  are  in  the hands of the sheriff at the time when the
proceeds are distributed, the sheriff is entitled to  reimbursement  for
printer's  fees  upon  only the execution issued upon the judgment first
docketed in the county.
(b) Appraisal of attached property. A sheriff, where  an  estimate  of
the value of property levied upon by virtue of an order of attachment is
made,  shall  be  entitled  to  reimbursement  for  such compensation to
appraisers actually employed thereupon as the court  which  granted  the
order of attachment may allow.
(c)  Other  expenses.  A  sheriff  is entitled to reimbursement of all
expenses necessarily incurred in the execution of any mandate and in the
protection, presentation, transportation or sale of property.
(d) Payment in advance. A sheriff, whenever he deems it necessary, may
require payment to him in advance to cover any or all expenses for which
he is entitled to reimbursement; advance  payments  made  in  connection
with  a  mandate  or direction affecting property shall be repaid by the
sheriff out of the proceeds of the sale of the property, if any.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8014 - Collection of Sheriff's Fees on Execution.

§  8014.  Collection  of  sheriff's  fees  on execution. The fees of a
  sheriff, upon an execution against property, which are not  required  by
  statute  to be paid by a particular person and which are not included in
  the bill of costs of the party in whose favor the execution  is  issued,
  shall  be collected by virtue of the execution in the same manner as the
  sum therein directed to be collected.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8015 - County Clerk Where Sheriff Is a Party or Otherwise Disqualified.

§   8015.   County  clerk  where  sheriff  is  a  party  or  otherwise
  disqualified.  A county clerk is entitled for the services specified  to
  the following fees:
1.  for  performing  any  duty  of a sheriff in an action in which the
  sheriff, for any cause, is disqualified, the same compensation to  which
  a sheriff is entitled for the same services; and
2.  for  confining  a  sheriff  in a house by virtue of a mandate, and
  maintaining him while there, two dollars for each day, to be paid by the
  sheriff, before he is entitled to be discharged.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8016 - Clerks of Courts of Record Generally.

§  8016.  Clerks  of courts of record generally. (a) Fees of clerks in
actions.  Except where a greater fee is allowed by another  statute  for
the  same  service, each clerk of a court of record, except the clerk of
the civil court of the city of New York, except a county  clerk,  except
clerks  of  the  family  courts,  and  except the clerks of the district
courts, is entitled for the services specified to  the  following  fees,
payable in advance:
1.  upon the trial of an action, or the hearing, upon the merits, of a
special proceeding, from the party bringing it on, one dollar;
2.  for  entering  final  judgment,  including  the  filing   of   the
judgment-roll and a copy of the judgment to insert therein, fifty cents,
and  fifteen cents in addition for each folio, exceeding five, contained
in the judgment;
3. for entering any order or an interlocutory judgment,  fifty  cents,
and fifteen cents in addition for each folio, exceeding five;
4. for a certified or other copy of an order, record or other paper in
an  action  brought or transferred to the court of which he is clerk and
entered or filed in his office, ten cents for each folio;
5. for a certified transcript of  the  docket  of  a  judgment,  fifty
cents; and
6.  for  filing  a  transcript, or docketing or redocketing a judgment
thereupon, fifty cents, and fifty cents in addition for each  defendant,
exceeding two.
(b)  Certifying  judgment-roll  on  appeal. Where, on an appeal from a
judgment or order, a party shall present to the  clerk  of  a  court  of
record,  except  the  clerk  of the civil court of the city of New York,
except a county clerk, except clerks of the family  courts,  and  except
the  clerks  of the district courts, a printed copy of the judgment-roll
or order appealed from, it shall be the duty of the clerk to compare and
certify the same, for which service he shall be entitled to be  paid  at
the  rate  of  fifty cents per page or portion thereof, unless a greater
fee is allowed by another statute.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8017 - Exemption of the State and Counties, and Agencies and Officers Thereof, From Fees of Clerks.

§ 8017. Exemption of the state and counties, and agencies and officers
thereof, from fees of clerks. (a) Notwithstanding any other provision of
this article or any other general, special or local law relating to fees
of  clerks, no clerk shall charge or collect a fee from the state, or an
agency or officer thereof, for any service  rendered  in  an  action  in
which  any  of them is involved, nor shall any clerk charge or collect a
fee for filing, recording  or  indexing  any  paper,  document,  map  or
proceeding  filed,  recorded  or indexed for the county, or an agency or
officer thereof acting in an official capacity,  nor  for  furnishing  a
transcript,  certification  or  copy  of  any  paper,  document,  map or
proceeding to be used for official purposes.
(b) Notwithstanding any  other  provision  of  law  the  exemption  of
subdivision  (a)  of  this section shall not apply to the fees of clerks
where the action is on behalf of the New  York  State  Higher  Education
Services  Corporation  to  recover money due as a result of default of a
student loan.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 8022 - Fee on Civil Appeals Proceedings Before Appellate Courts.

§  8022. Fee on civil appeals proceedings before appellate courts. (a)
A county clerk, upon filing a notice of appeal, is entitled to a fee  of
sixty-five dollars, payable in advance.
(b) The clerks of the appellate divisions of the supreme court and the
clerk  of the court of appeals are entitled, upon the filing of a record
on a civil appeal or a statement in lieu of record on a civil appeal, as
required by rule 5530 of this chapter, to a fee of three hundred fifteen
dollars, payable in advance. The clerks of the appellate divisions  also
shall be entitled to such fee upon the filing of a notice of petition or
order  to show cause commencing a special proceeding in their respective
courts. In addition, the  clerks  of  the  appellate  divisions  of  the
supreme  court  and the clerk of the court of appeals are entitled, upon
the filing of each motion or cross motion with respect to a civil appeal
or special proceeding, to  a  fee  of  forty-five  dollars,  payable  in
advance.  However,  no fee shall be imposed for a motion or cross motion
which seeks leave to prosecute or  defend  a  civil  appeal  or  special
proceeding  as  a  poor  person  pursuant  to subdivision (a) of section
eleven hundred one of this chapter.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 81 - Costs Generally › 8101 - Costs in an Action.

§  8101.  Costs  in  an action. The party in whose favor a judgment is
  entered is entitled to costs in the action, unless otherwise provided by
  statute or unless the court determines that to so allow costs would  not
  be equitable, under all of the circumstances.