reglab/statecodes huggingface dataset:
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 9 - Class Actions › R909 - Attorneys' Fees.

Rule  909. Attorneys' fees. If a judgment in an action maintained as a
  class action is rendered in  favor  of  the  class,  the  court  in  its
  discretion may award attorneys' fees to the representatives of the class
  and/or to any other person that the court finds has acted to benefit the
  class  based  on  the reasonable value of legal services rendered and if
  justice requires, allow recovery of the amount awarded from the opponent
  of the class.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1001 - Necessary Joinder of Parties.

§  1001.  Necessary  joinder  of  parties.  (a)  Parties who should be
joined. Persons who ought to be parties if  complete  relief  is  to  be
accorded  between the persons who are parties to the action or who might
be inequitably affected by a  judgment  in  the  action  shall  be  made
plaintiffs  or  defendants. When a person who should join as a plaintiff
refuses to do so he may be made a defendant.
(b) When joinder excused. When a person who  should  be  joined  under
subdivision
(a) has  not  been  made  a  party  and is subject to the
jurisdiction of the court,  the  court  shall  order  him  summoned.  If
jurisdiction over him can be obtained only by his consent or appearance,
the  court,  when  justice  requires,  may  allow  the action to proceed
without his being made a party. In  determining  whether  to  allow  the
action to proceed, the court shall consider:
1.  whether  the  plaintiff  has  another effective remedy in case the
action is dismissed on account of the nonjoinder;
2. the prejudice which may accrue from the nonjoinder to the defendant
or to the person not joined;
3. whether and by whom prejudice might have been avoided or may in the
future be avoided;
4. the feasibility of a protective provision by order of the court  or
in the judgment; and
5. whether an effective judgment may be rendered in the absence of the
person who is not joined.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1002 - Permissive Joinder of Parties.

§  1002.  Permissive  joinder of parties.  (a) Plaintiffs. Persons who
assert any right to relief jointly, severally,  or  in  the  alternative
arising   out   of  the  same  transaction,  occurrence,  or  series  of
transactions or occurrences, may join in one action as plaintiffs if any
common question of law or fact would arise.
(b) Defendants. Persons against whom there is asserted  any  right  to
relief  jointly,  severally,  or  in the alternative, arising out of the
same transaction, occurrence, or series of transactions or  occurrences,
may  be joined in one action as defendants if any common question of law
or fact would arise.
(c) Separate relief; separate trials. It shall not be  necessary  that
each  plaintiff  be  interested  in  obtaining,  or  each  defendant  be
interested in defending against, all the relief demanded or as to  every
claim  included in an action; but the court may make such orders as will
prevent a party from being embarrassed, delayed, or put  to  expense  by
the  inclusion  of  a  party  against  whom he asserts no claim and, who
asserts no claim against him, and may  order  separate  trials  or  make
other orders to prevent prejudice.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1003 - Nonjoinder and Misjoinder of Parties.

§  1003.  Nonjoinder  and misjoinder of parties. Nonjoinder of a party
  who should be joined under section 1001 is a ground for dismissal of  an
  action  without  prejudice unless the court allows the action to proceed
  without that party under the provisions of that section.  Misjoinder  of
  parties is not a ground for dismissal of an action. Parties may be added
  at  any  stage  of the action by leave of court or by stipulation of all
  parties who have appeared, or once without leave of court within  twenty
  days  after  service  of  the  original summons or at anytime before the
  period for responding to that summons  expires  or  within  twenty  days
  after  service of a pleading responding to it. Parties may be dropped by
  the court, on motion of any party or on its own initiative, at any stage
  of the action and upon such terms as may be just. The  court  may  order
  any claim against a party severed and proceeded with separately.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1004 - When Joinder Unnecessary.

§ 1004. When joinder unnecessary. Except where otherwise prescribed by
  order of the court, an executor, administrator, guardian of the property
  of  an  infant,  committee  of  the  property  of  a judicially declared
  incompetent, conservator of the property of a conservatee, trustee of an
  express trust, insured person who has executed to his insurer  either  a
  loan   or   subrogation  receipt,  trust  agreement,  or  other  similar
  agreement, or person with whom or in whose name a contract has been made
  for the benefit of another, may sue or be sued without joining with  him
  the person for or against whose interest the action is brought.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1007 - When Third-Party Practice Allowed.

§  1007.  When  third-party practice allowed. After the service of his
  answer, a defendant may proceed against a person not a party who  is  or
  may be liable to that defendant for all or part of the plaintiff's claim
  against that defendant, by filing pursuant to section three hundred four
  of  this  chapter  a third-party summons and complaint with the clerk of
  the court in the county in which the main action is pending, for which a
  separate index number shall not be issued but a  separate  index  number
  fee  shall  be  collected. The third-party summons and complaint and all
  prior pleadings served in the action shall be served  upon  such  person
  within  one  hundred  twenty  days of the filing.  A defendant serving a
  third-party complaint shall be styled a third-party  plaintiff  and  the
  person  so served shall be styled a third-party defendant. The defendant
  shall  also  serve  a  copy  of  such  third-party  complaint  upon  the
  plaintiff's  attorney  simultaneously  upon  issuance for service of the
  third-party complaint on the third-party defendant.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1008 - Answer of Third-Party Defendant; Defenses.

§  1008.  Answer  of  third-party defendant; defenses. The third-party
  defendant shall answer the claim asserted against him or her by  serving
  copies  of  his  or  her  answer  upon  the  third-party  plaintiff. The
  third-party defendant may assert against the plaintiff  in  his  or  her
  answer   any  defenses  which  the  third-party  plaintiff  has  to  the
  plaintiff's claim except an objection or defense that  the  summons  and
  complaint,  summons  with  notice or notice of petition and petition was
  not properly served, or that jurisdiction  was  not  obtained  over  the
  third-party  plaintiff.  The third-party defendant shall have the rights
  of a party adverse to the other parties in  the  action,  including  the
  right to counter-claim, cross-claim and appeal.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › R1009 - Claim by Plaintiff Against Third-Party Defendant.

Rule  1009.  Claim  by plaintiff against third-party defendant. Within
  twenty days after service of the answer  to  the  third-party  complaint
  upon plaintiff's attorney, the plaintiff may amend his complaint without
  leave  of  court  to  assert against the third-party defendant any claim
  plaintiff has against the third-party defendant.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › R1010 - Dismissal or Separate Trial of Third-Party Complaint.

Rule  1010. Dismissal or separate trial of third-party complaint.  The
  court may dismiss a third-party complaint  without  prejudice,  order  a
  separate  trial  of  the  third-party  claim  or  of  any separate issue
  thereof, or make such other order as may  be  just.  In  exercising  its
  discretion, the court shall consider whether the controversy between the
  third-party  plaintiff  and  the third-party defendant will unduly delay
  the determination of the main action or prejudice the substantial rights
  of any party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › R1011 - Successive Third-Party Proceedings; Counterclaims.

Rule   1011.  Successive  third-party  proceedings;  counterclaims.  A
  third-party defendant may proceed pursuant to section 1007  against  any
  person who is or may be liable to him for all or part of the third-party
  claim.  When  a  counterclaim  is  asserted  against a plaintiff, he may
  proceed pursuant to section 1007 as if he were a defendant.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1012 - Intervention as of Right; Notice to Attorney-General, City, County, Town or Village Where Constitutionality in Issue.

§  1012.  Intervention  as of right; notice to attorney-general, city,
county,  town  or  village  where  constitutionality   in   issue.   (a)
Intervention  as  of  right.  Upon  timely  motion,  any person shall be
permitted to intervene in any action:
1. when a statute of the state confers an absolute right to intervene;
or
2. when the representation of the person's interest by the parties  is
or  may be inadequate and the person is or may be bound by the judgment;
or
3. when the action involves the disposition or distribution of, or the
title or a claim for damages for injury to, property and the person  may
be affected adversely by the judgment.
(b)  Notice  to  attorney-general, city, county, town or village where
constitutionality in issue. 1. When the constitutionality of  a  statute
of  the  state,  or  a  rule  and regulation adopted pursuant thereto is
involved  in  an  action  to  which  the  state  is  not  a  party,  the
attorney-general,  shall  be  notified  and  permitted  to  intervene in
support of its constitutionality.
2. When the constitutionality of  a  local  law,  ordinance,  rule  or
regulation  of  a city, county, town or village is involved in an action
to which the city, county, town or village that enacted the provision is
not a party, such city, county, town or village shall  be  notified  and
permitted to intervene in support of its constitutionality.
3.  The  court having jurisdiction in an action or proceeding in which
the constitutionality of a state statute, local law, ordinance, rule  or
regulation  is  challenged  shall  not  consider  any  challenge  to the
constitutionality of such state statute, local law, ordinance,  rule  or
regulation  unless  proof  of  service  of  the  notice required by this
subdivision is filed with such court.
(c) Notice to comptroller of  the  state  of  New  York  where  public
retirement  benefits  are  in  issue.  Where public retirement benefits,
paid, payable, claimed, or sought to  be  paid  by  a  state  retirement
system  or  any other retirement system established for public employees
within this state or any subdivision thereof, or the  interpretation  of
any  provisions  of law or rules governing any such retirement system or
the  operation  thereof,  are  involved  in  an  action  to  which   the
comptroller  of  the  state  of New York is not a party, the court shall
notify said comptroller, who shall be permitted, in his  discretion,  to
intervene in such action or to file a brief amicus curiae.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1013 - Intervention by Permission.

§ 1013. Intervention by permission. Upon timely motion, any person may
  be  permitted  to  intervene  in  any action when a statute of the state
  confers a right to intervene in the discretion of the court, or when the
  person's claim or defense and the main action have a common question  of
  law  or  fact.  In  exercising  its discretion, the court shall consider
  whether the intervention will unduly  delay  the  determination  of  the
  action or prejudice the substantial rights of any party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1015 - Substitution Upon Death.

§  1015.  Substitution  upon death. (a) Generally. If a party dies and
the claim for or against him is not thereby extinguished the court shall
order substitution of the proper parties.
(b) Devolution of rights or liabilities on  other  parties.  Upon  the
death  of  one  or  more of the plaintiffs or defendants in an action in
which the right sought to be enforced survives  only  to  the  surviving
plaintiffs  or  against  the  surviving  defendants, the action does not
abate. The death shall be noted on  the  record  and  the  action  shall
proceed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1017 - Substitution in Case of Receivership or Dissolution of a Corporation.

§  1017.  Substitution  in  case  of  receivership or dissolution of a
  corporation. If a receiver is appointed for  a  party,  or  a  corporate
  party  is  dissolved,  the  court shall order substitution of the proper
  parties.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1019 - Substitution of Public Officers.

§  1019.  Substitution of public officers. If a person made a party in
  his capacity as public officer dies or otherwise ceases to hold  office,
  the  action  may be continued by or against his successor if it is shown
  to the court  that  there  is  need  for  so  continuing  it.  Before  a
  substitution  is  made  his  successor  and,  unless the court otherwise
  orders, the party shall be given reasonable notice  of  the  motion  and
  accorded  an  opportunity  to  object.  When, in accordance with section
  1023, an officer is described by his official title and his name is  not
  added, no substitution is necessary.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1020 - Substitution of Indemnitors for Executing or Attaching Officer.

§  1020.  Substitution  of  indemnitors  for  executing  or  attaching
  officer.  Where an action is brought against an  officer  to  recover  a
  chattel levied upon by virtue of an execution or order of attachment, or
  to  recover  damages for the detention or sale of such a chattel, and an
  undertaking indemnifying the officer against such acts has  been  given,
  the court may order that the indemnitor be substituted for the officer.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1021 - Substitution Procedure; Dismissal for Failure to Substitute; Presentation of Appeal.

§  1021.  Substitution procedure; dismissal for failure to substitute;
  presentation of appeal. A motion for substitution may  be  made  by  the
  successors  or  representatives  of a party or by any party. If a person
  who should be substituted does not appear voluntarily he may be  made  a
  party defendant. If the event requiring substitution occurs before final
  judgment  and  substitution  is  not  made within a reasonable time, the
  action may be dismissed as to the party  for  whom  substitution  should
  have  been  made,  however,  such  dismissal  shall not be on the merits
  unless the court shall so indicate.  If the event requiring substitution
  occurs after final judgment, substitution may  be  made  in  either  the
  court  from  or to which an appeal could be or is taken, or the court of
  original instance, and if substitution is not made  within  four  months
  after the event requiring substitution, the court to which the appeal is
  or  could  be taken may dismiss the appeal, impose conditions or prevent
  it from being taken. Whether or not it  occurs  before  or  after  final
  judgment,  if  the event requiring substitution is the death of a party,
  and timely substitution has not been made, the court, before  proceeding
  further, shall, on such notice as it may in its discretion direct, order
  the  persons  interested  in the decedent's estate to show cause why the
  action or appeal should not be dismissed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1022 - Substitution: Extension of Time for Taking Procedural Steps.

§  1022.  Substitution: extension of time for taking procedural steps.
  Unless the court orders otherwise, if the time for making a motion for a
  new trial or for taking an appeal or for making a motion for  permission
  to  appeal or for taking any other procedural step in the action has not
  expired before the occurrence of an event permitting substitution  of  a
  party, the period is extended as to all parties until fifteen days after
  substitution  is  made,  or,  in  case  of dismissal of the action under
  section 1021, is extended as to all parties  until  fifteen  days  after
  such dismissal.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1023 - Public Body or Officer Described by Official Title.

§ 1023.  Public  body  or  officer described by official title. When a
  public officer, body, board, commission or other public agency  may  sue
  or  be  sued  in  its  official  capacity,  it  may be designated by its
  official title, subject to the power of the court to require names to be
  added.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1024 - Unknown Parties.

§ 1024. Unknown parties. A party who is ignorant, in whole or in part,
  of  the  name  or identity of a person who may properly be made a party,
  may proceed against such person as an unknown party  by  designating  so
  much  of  his name and identity as is known. If the name or remainder of
  the name becomes known all subsequent proceedings shall be  taken  under
  the  true  name  and  all  prior  proceedings  shall  be  deemed amended
  accordingly.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1025 - Partnerships and Unincorporated Associations.

§  1025.  Partnerships  and  unincorporated  associations. Two or more
  persons conducting a business as a partnership may sue or be sued in the
  partnership name, and actions may be brought by or against the president
  or  treasurer  of  an  unincorporated  association  on  behalf  of   the
  association   in   accordance   with   the  provisions  of  the  general
  associations law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 10 - Parties Generally › 1026 - Review of Determinations by Administrative Officers of the Unified Court System.

§  1026.  Review  of  determinations by administrative officers of the
  unified court system. In any action or proceeding brought  to  review  a
  determination  of  the chief judge of the court of appeals, of the court
  of appeals or of the administrative board of the courts,  made  pursuant
  to  the  provisions  of  article seven-A of the judiciary law or section
  twenty-eight of article six of the constitution, the only  proper  party
  to  be  named therein shall be the chief administrator of the courts, in
  his representative capacity. No action or proceeding so instituted shall
  name the chief judge, the court of appeals or any member thereof, or the
  administrative board or any member thereof as a party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 11 - Poor Persons › 1102 - Privileges of Poor Person.

§  1102.  Privileges  of  poor  person. (a) Attorney. The court in its
order permitting a person to proceed as a  poor  person  may  assign  an
attorney.
(b) Stenographic transcript. Where a party has been permitted by order
to  appeal  as a poor person, the court clerk, within two days after the
filing of said order with him, shall so notify the  court  stenographer,
who,  within twenty days of such notification shall make and certify two
typewritten transcripts of the stenographic minutes  of  said  trial  or
hearing, and shall deliver one of said transcripts to the poor person or
his  attorney,  and file the other with the court clerk together with an
affidavit of the fact and date of such delivery and filing. The  expense
of  such transcripts shall be a county charge or, in the counties within
the city of New York, a city charge, as the case may be, payable to  the
stenographer  out  of  the  court fund upon the certificate of the judge
presiding at the trial or hearing. A poor person may be furnished with a
stenographic transcript without fee by order of the court in proceedings
other than appeal, the fee therefor to be paid by the county or, in  the
counties within the city of New York by the city, as the case may be, in
the  same  manner  as is paid for transcripts on appeal. Notwithstanding
this  or  any  other  provision  of  law,  fees  paid  for  stenographic
transcripts with respect to those proceedings specified in paragraph (a)
of  subdivision one of section thirty-five of the judiciary law shall be
paid by the state in  the  manner  prescribed  by  subdivision  four  of
section thirty-five of the judiciary law.
(c)  Appeals.  On  an appeal or motion for permission to appeal a poor
person may submit typewritten  briefs  and  appendices,  furnishing  one
legible copy for each appellate justice.
(d)  Costs and fees. A poor person shall not be liable for the payment
of any costs or fees unless a recovery by judgment or by  settlement  is
had  in  his favor in which event the court may direct him to pay out of
the recovery all or part of the costs and fees, a reasonable sum for the
services and expenses of his attorney and any sum expended by the county
or city under subdivision (b).
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 11 - Poor Persons › 1103 - Distribution of Recovery in Favor of Poor Person.

§ 1103. Distribution of recovery in favor of poor person. Any recovery
  by  judgment  or  by  settlement had in favor of a poor person, shall be
  paid to the clerk of the court in which the order permitting the  person
  to  proceed as a poor person was entered, to await distribution pursuant
  to court order.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 12 - Infants, Incompetents and Conservatees › 1201 - Representation of Infant, Incompetent Person, or Conservatee.

§  1201. Representation of infant, incompetent person, or conservatee.
  Unless the court appoints a guardian ad litem, an infant shall appear by
  the guardian of his property or, if there is  no  such  guardian,  by  a
  parent  having legal custody, or, if there is no such parent, by another
  person or agency having legal custody, or, if the infant is married,  by
  an  adult  spouse residing with the infant, a person judicially declared
  to be incompetent shall appear by the committee of his property,  and  a
  conservatee  shall  appear  by the conservator of his property. A person
  shall appear by his guardian ad litem if he is  an  infant  and  has  no
  guardian of his property, parent, or other person or agency having legal
  custody,  or  adult  spouse with whom he resides, or if he is an infant,
  person judicially declared  to  be  incompetent,  or  a  conservatee  as
  defined  in  section  77.01  of  the mental hygiene law and the court so
  directs because of a conflict of interest or for other cause, or  if  he
  is an adult incapable of adequately prosecuting or defending his rights.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 12 - Infants, Incompetents and Conservatees › R1202 - Appointment of Guardian Ad Litem.

Rule  1202. Appointment of guardian ad litem. (a) By whom motion made.
The court in which an action is triable may appoint a guardian ad  litem
at  any  stage  in the action upon its own initiative or upon the motion
of:
1. an infant party if he is more than fourteen years of age; or
2. a relative, friend or a guardian, committee  of  the  property,  or
conservator; or
3.  any  other party to the action if a motion has not been made under
paragraph one or two within ten days after completion of service.
(b) Notice of motion. Notice of a motion for appointment of a guardian
ad litem for a person shall be served upon the guardian of his property,
upon his committee or upon  his  conservator,  or  if  he  has  no  such
guardian,  committee,  or  conservator,  upon  the  person  with whom he
resides. Notice shall also be  served  upon  the  person  who  would  be
represented  if  he  is more than fourteen years of age and has not been
judicially declared to be incompetent.
(c) Consent.  No  order  appointing  a  guardian  ad  litem  shall  be
effective  until  a  written  consent  of the proposed guardian has been
submitted to the court together with an affidavit stating facts  showing
his  ability  to  answer  for  any damage sustained by his negligence or
misconduct.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 12 - Infants, Incompetents and Conservatees › 1203 - Default Judgment.

§  1203.  Default  judgment.  No  judgment  by  default may be entered
  against an infant or a person  judicially  declared  to  be  incompetent
  unless  his  representative  appeared  in the action or twenty days have
  expired since appointment of a guardian ad litem  for  him.  No  default
  judgment  may  be  entered  against  an  adult  incapable  of adequately
  protecting his rights for whom a guardian ad litem  has  been  appointed
  unless twenty days have expired since the appointment.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 12 - Infants, Incompetents and Conservatees › 1204 - Compensation of Guardian Ad Litem.

§  1204.  Compensation  of  guardian  ad  litem.  A  court may allow a
  guardian ad litem a reasonable compensation for his services to be  paid
  in  whole  or part by any other party or from any recovery had on behalf
  of the person whom such guardian represents or from such person's  other
  property.  No  order  allowing  compensation  shall be made except on an
  affidavit of the guardian or his attorney showing the services rendered.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 12 - Infants, Incompetents and Conservatees › 1205 - Liability for Costs of Infant, Judicially Declared Incompetent, or Conservatee, or Representative.

§   1205.   Liability   for   costs  of  infant,  judicially  declared
  incompetent, or conservatee, or  representative.  An  infant,  a  person
  judicially  declared to be incompetent, a conservatee, a person for whom
  a guardian ad litem has been appointed, or a representative of any  such
  person, shall not be liable for costs unless the court otherwise orders.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 12 - Infants, Incompetents and Conservatees › 1207 - Settlement of Action or Claim by Infant, Judicially Declared Incompetent or Conservatee, by Whom Motion Made; Special Proceeding; Notice; Order of Set

§  1207.  Settlement of action or claim by infant, judicially declared
  incompetent or conservatee, by whom  motion  made;  special  proceeding;
  notice;  order  of settlement. Upon motion of a guardian of the property
  or guardian ad litem of an infant or, if there is no such guardian, then
  of a parent having legal custody of an infant, or if there  is  no  such
  parent,  by  another  person  having  legal custody, or if the infant is
  married, by an  adult  spouse  residing  with  the  infant,  or  of  the
  committee  of  the  property  of  a  person  judicially  declared  to be
  incompetent, or of the conservator of the property of a conservatee, the
  court may order settlement of any action commenced by or  on  behalf  of
  the infant, incompetent or conservatee. If no action has been commenced,
  a   special  proceeding  may  be  commenced  upon  petition  of  such  a
  representative for settlement of any claim by the infant, incompetent or
  conservatee in any court where an action for the amount of the  proposed
  settlement could have been commenced.  Unless otherwise provided by rule
  of  the  chief  administrator  of the courts, if no motion term is being
  held and there is no justice of the supreme court available in a  county
  where the action or an action on the claim is triable, such a motion may
  be  made,  or special proceeding may be commenced, in a county court and
  the county judge shall act with the same  power  as  a  justice  of  the
  supreme  court  even  though the amount of the settlement may exceed the
  jurisdictional limits of the county  court.  Notice  of  the  motion  or
  petition  shall  be  given  as directed by the court. An order on such a
  motion shall have the effect of a judgment. Such order, or the  judgment
  in  a  special  proceeding,  shall  be  entered  without costs and shall
  approve  the  fee  for  the  infant's,  incompetent's  or  conservatee's
  attorney, if any.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 12 - Infants, Incompetents and Conservatees › 1209 - Arbitration of Controversy Involving Infant, Judicially Declared Incompetent or Conservatee.

§  1209.  Arbitration  of  controversy  involving  infant,  judicially
  declared incompetent or conservatee. A controversy involving an  infant,
  person judicially declared to be incompetent or conservatee shall not be
  submitted  to  arbitration  except  pursuant  to a court order made upon
  application  of  the  representative  of  such  infant,  incompetent  or
  conservatee;  provided,  however,  that  a claim brought on behalf of an
  infant pursuant to paragraph one or two of subdivision  (f)  of  section
  three thousand four hundred twenty of the insurance law may be submitted
  to arbitration without a court order.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 12 - Infants, Incompetents and Conservatees › R1210 - Guardian of Infant.

Rule  1210.  Guardian of infant. (a) Petition for appointment; by whom
presented; contents. An infant, if of the age of fourteen years or more,
or a relative or friend of an infant, may  present  a  petition  to  the
court  for  appointment  of a guardian. The petition shall state the age
and residence of the infant, the name and residence of any living parent
and of the person proposed as guardian, the relationship  if  any  which
such person bears to the infant, and the nature, status and value of the
infant's estate.
(b)  Hearing.  The  court  shall  ascertain the age of the infant, the
amount of his personal property, the gross amount or value of the  rents
and  profits of his real estate during his minority, and the sufficiency
of the security offered by the proposed guardian. If the  infant  is  of
the age of fourteen years or more, the court shall examine him as to his
voluntary  nomination of or preference for a suitable guardian; if he is
under the age of fourteen, the court shall select and appoint a suitable
guardian.
(c) Undertaking. The court shall make an order requiring or dispensing
wholly or partly with an undertaking, in an amount and according to  the
conditions   set  forth  in  section  seventeen  hundred  eight  of  the
surrogate's court procedure act.
(d) Direction as to management of estate. The court in its  discretion
may  direct  that  the  principal  of  the  estate  or any part of it be
invested in bonds of the state of New York or of the United  States,  or
invested  in  bonds  or  other  obligations  of  any county, city, town,
village or school district of the state of New York, or  deposited  with
any bank, trust company, insured savings and loan association or insured
savings  bank  or  insured  state or federal credit union which has been
designated as a depository for such fund; or  invested  in  a  bond  and
mortgage  on unincumbered and improved property within the state, having
a value, to be shown to the satisfaction  of  the  court,  of  at  least
double  the amount of principal invested, for the benefit of the infant,
and may direct that only the interest  or  income  be  received  by  the
guardian.
(e)  Filing  of  certified  copy  of  order  of  appointment. Upon the
appointment of a guardian of the person or  property,  or  both,  of  an
infant,  the  guardian  shall  file a certified copy of the order of his
appointment with the clerk of the surrogate's court  of  the  county  in
which he has been appointed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 12 - Infants, Incompetents and Conservatees › R1211 - Allowance for Infant's Support.

Rule  1211.  Allowance  for  infant's support. (a) Petition to supreme
court, county court or surrogate's court; contents. A  petition  to  the
supreme court, county court or the surrogate's court for the application
of  an  infant's  property or a portion thereof to the infant's support,
maintenance or education shall set forth in detail:
1. the amount and  nature  of  the  infant's  property,  where  it  is
situated  and  how  invested, his income from such property or any other
source and any claim against the infant;
2. whether or not the infant's parents are living and,  if  either  of
them  is  living, all circumstances relative to their ability to support
the infant, and, if neither of  them  is  living,  the  names  of  other
persons  legally  obligated  to support the infant and the circumstances
relative to their ability to support the infant; and
3. the terms of any previous order made by any court within or without
the state for similar relief and the disposition made  of  any  property
pursuant thereto.
(b) Notice. Such notice as the court shall direct shall be given to:
1.  the  guardian  of  the  property of the infant, if the petition is
presented by a person other than such guardian;
2. all parents and guardians of the person of the infant; and
3. the infant if he or she is of the age of fourteen years or more.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13 - Actions by the State › 1301 - Actions in Behalf of the People to Be Brought in the Name of the State.

§  1301.  Actions in behalf of the people to be brought in the name of
  the state. An action brought in behalf of the people, except  an  action
  to  recover  a  penalty  or  forfeiture  expressly  given  by  law  to a
  particular officer, shall be brought in the name of the state.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13 - Actions by the State › 1302 - Action Brought on Relation of a Person.

§  1302.  Action  brought  on relation of a person. Where an action is
  brought by the attorney-general on the  relation  or  information  of  a
  person  having  an interest in the question, the complaint shall allege,
  and the title of the action shall show, that the action is  so  brought.
  As  a condition of bringing an action for the benefit of a person having
  an interest in the question,  the  attorney-general  shall  require  the
  relator  to give an undertaking to indemnify the state against costs and
  expenses.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13 - Actions by the State › 1303 - Procedure in Action Brought by the State.

§  1303. Procedure in action brought by the state. Except as otherwise
  specially prescribed by statute or rule the  proceedings  in  an  action
  brought  by  the  state  shall  be the same as in an action by a private
  person.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1311-B - Money Judgment.

§ 1311-b. Money judgment. If a claiming authority obtains a forfeiture
  judgment  against  a  defendant  for the proceeds, substituted proceeds,
  instrumentality of a crime or real property instrumentality of a  crime,
  but  is  unable to locate all or part of any such property, the claiming
  authority may apply to the  court  for  a  money  judgment  against  the
  defendant  in  the  amount  of  the value of the forfeited property that
  cannot be located. The defendant shall have the right to  challenge  the
  valuation of any property that is the basis for such an application. The
  claiming  authority  shall  have the burden of establishing the value of
  the property under this section by a preponderance of the evidence.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1312 - Provisional Remedies; Generally.

§  1312.  Provisional remedies; generally. 1. The provisional remedies
  of attachment, injunction, receivership and notice of pendency  provided
  for  herein, shall be available in all actions to recover property under
  this article.
2. On a motion for a provisional remedy, the claiming authority  shall
  state whether any other provisional remedy has previously been sought in
  the  same  action  against the same defendant. The court may require the
  claiming authority to elect between those remedies  to  which  it  would
  otherwise be entitled.
3.  A  court may grant an application for a provisional remedy when it
  determines that:  (a)  there  is  a  substantial  probability  that  the
  claiming  authority  will  be  able  to  demonstrate  at  trial that the
  property is the proceeds, substituted proceeds, instrumentality  of  the
  crime  or  real property instrumentality of the crime, that the claiming
  authority will prevail on the issue of forfeiture, and that  failure  to
  enter the order may result in the property being destroyed, removed from
  the   jurisdiction  of  the  court,  or  otherwise  be  unavailable  for
  forfeiture; (b) the need to preserve the availability  of  the  property
  through  the  entry of the requested order outweighs the hardship on any
  party against whom the order may operate; and (c) in an action  relating
  to   real   property,  that  entry  of  the  requested  order  will  not
  substantially  diminish,  impair,  or  terminate  the  lawful   property
  interest  in  such real property of any person or persons other than the
  defendant or defendants.
4. Upon motion of any party against whom a provisional remedy  granted
  pursuant  to  this  article  is  in effect, the court may issue an order
  modifying or vacating such provisional remedy if necessary to permit the
  moving party to obtain  funds  for  the  payment  of  reasonable  living
  expenses, other costs or expenses related to the maintenance, operation,
  or preservation of property which is the subject of any such provisional
  remedy  or reasonable and bona fide attorneys' fees and expenses for the
  representation of the defendant in the forfeiture  proceeding  or  in  a
  related  criminal  matter  relating  thereto,  payment  for which is not
  otherwise available from assets of the defendant which are  not  subject
  to  such  provisional  remedy.  Any such motion shall be supported by an
  affidavit establishing the unavailability of other assets of the  moving
  party  which  are not the subject of such provisional remedy for payment
  of such expenses or fees. That funds sought to be  released  under  this
  subdivision  are  alleged  to  be  the  proceeds,  substituted proceeds,
  instrumentality of a crime or real property instrumentality of  a  crime
  shall  not  be  a  factor for the court in considering and determining a
  motion made pursuant to this subdivision.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1313 - Debt or Property Subject to Attachment; Proper Garnishee.

§  1313. Debt or property subject to attachment; proper garnishee. Any
  debt or property against which a forfeiture judgment may be enforced  as
  provided  under  this  article  is  subject  to  attachment.  The proper
  garnishee of any such property or debt is the  person  designated  as  a
  proper  garnishee  for  purposes of enforcing money judgments in section
  five thousand two hundred one  of  this  chapter.  For  the  purpose  of
  applying the provisions to attachment, references to a "judgment debtor"
  in  section  five  thousand  two  hundred  one and in subdivision (i) of
  section one hundred five of this chapter  shall  be  construed  to  mean
  "defendant".
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1314 - Attaching Creditor's Rights in Personal Property.

§  1314.  Attaching  creditor's rights in personal property. Where the
  claiming authority has delivered an order of attachment  to  a  claiming
  agent,  the claiming authority's rights in a debt owed to a defendant or
  in an interest of a defendant in personal property against which debt or
  property a judgment may be enforced, are superior to the extent  of  the
  amount  of the attachment to the rights of any transferee of the debt or
  property, except:
1. A transferee who acquired the debt or property before it was levied
  upon for fair consideration  and  without  knowledge  of  the  order  of
  attachment; or
2.   A   transferee  who  acquired  the  debt  or  property  for  fair
  consideration after it was levied upon without  knowledge  of  the  levy
  while it was not in the possession of the claiming agent.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1315 - Discharge of Garnishee's Obligation.

§ 1315. Discharge of garnishee's obligation. A person who, pursuant to
  an  order of attachment, pays or delivers to the claiming agent money or
  other personal property in  which  a  defendant  has  or  will  have  an
  interest,  or so pays a debt he or she owes the defendant, is discharged
  from his or her obligation to the defendant to the extent of the payment
  or delivery.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1316 - Order of Attachment on Notice; Temporary Restraining Order; Contents.

§  1316.  Order  of attachment on notice; temporary restraining order;
  contents. Upon a motion on notice for an order of attachment, the  court
  may,  without  notice  to  the  defendant, grant a temporary restraining
  order prohibiting the transfer of assets by a garnishee as  provided  in
  subdivision  two  of  section  one thousand three hundred twenty of this
  article. The contents of the order of  attachment  granted  pursuant  to
  this  section  shall  be  as  provided in subdivision one of section one
  thousand three hundred seventeen of this article.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1317 - Order of Attachment Without Notice.

§ 1317. Order of attachment without notice. 1. When granted; contents.
  An  order  of  attachment may be granted without notice, before or after
  service of summons and at any time prior to judgment. It  shall  specify
  the  amount  to  be  secured  by  the  order of attachment including any
  interest, costs and any claiming agent's fees and expenses, be  endorsed
  with  the  name  and  address  of  the  claiming  authority and shall be
  directed to a claiming agent in any county or in the city  of  New  York
  where  any property in which the defendant has an interest is located or
  where a garnishee may be served. The order  shall  direct  the  claiming
  agent  to  levy within his or her jurisdiction, at any time before final
  judgment, upon such property in which the defendant has an interest  and
  upon  such  debts  owing  to  the  defendant  as will satisfy the amount
  specified in the order of attachment.
2. Confirmation of order.  An  order  of  attachment  granted  without
  notice  shall provide that within a period not to exceed five days after
  levy, the claiming authority shall move, on such  notice  as  the  court
  shall  direct  to the defendant, the garnishee, if any, and the claiming
  agent, for an order confirming the order of attachment. If the  claiming
  authority  fails  to  make  such  motion within the required period, the
  order of attachment and levy thereunder shall have no further effect and
  shall be vacated upon motion. Upon the motion to confirm, the provisions
  of subdivision two of section one thousand three hundred twenty-nine  of
  this  article shall apply. An order of attachment granted without notice
  may provide that the claiming agent refrain  from  taking  any  property
  levied upon into his actual custody, pending further order of the court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1318 - Motion Papers; Filing; Demand; Damages.

§  1318.  Motion  papers; filing; demand; damages. 1. Affidavit; other
  papers. On a motion for an order of  attachment,  or  for  an  order  to
  confirm  an  order  of attachment, the claiming authority shall show, by
  affidavit and such other written evidence  as  may  be  submitted,  that
  there is a cause of action and showing grounds for relief as required by
  section one thousand three hundred twelve of this article.
2.  Filing.  Within  ten  days  after  the  granting  of  an  order of
  attachment, the claiming authority shall file it and the  affidavit  and
  other  papers  upon  which it was based and the summons and complaint or
  proposed complaint in the action. A  court  for  good  cause  shown  may
  extend  the  time  for  such  filing  upon  application  of the claiming
  authority. Unless the time for filing has been extended, the order shall
  be invalid if not so filed, except that a person upon whom it is  served
  shall  not  be  liable  for  acting  upon it as if it were valid without
  knowledge of the invalidity.
3. Demand for papers. At any time after property has been levied upon,
  the defendant may serve upon the claiming  authority  a  written  demand
  that  the  papers upon which the order of attachment was granted and the
  levy made be served upon him  or  her.  As  soon  as  practicable  after
  service  of  the  demand,  the claiming authority shall cause the papers
  demanded to be served by mailing the same to the  address  specified  in
  the  demand.  A  demand  under  this  subdivision  shall  not  of itself
  constitute an appearance in the action.
4. Damages. The claiming authority shall be liable  to  the  defendant
  for  all  costs and damages, including reasonable attorney's fees, which
  may be sustained by reason of the attachment if the  defendant  recovers
  judgment,  or  if  it is finally decided that the claiming authority was
  not entitled to an attachment of the defendant's property. In  order  to
  establish  the  claiming authority's liability, the defendant must prove
  by a preponderance of the  evidence  that  in  obtaining  the  order  of
  attachment the claiming authority acted without reasonable cause and not
  in good faith.