reglab/statecodes huggingface dataset:
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 81 - Costs Generally › 8102 - Limitation of Costs Where Action Brought in Higher Court.

§  8102.  Limitation of costs where action brought in higher court.  A
  plaintiff is not entitled to costs:
1. in an action brought in the supreme court in a  county  within  the
  city  of  New  York which could have been brought, except for the amount
  claimed, in the civil court of the city of New  York,  unless  he  shall
  recover six thousand dollars or more; or,
2.  in  an  action brought in the supreme court in a county not within
  the city of New York which could  have  been  brought,  except  for  the
  amount  claimed,  in  any  court of limited monetary jurisdiction in the
  county, unless he shall recover five hundred dollars or more; or,
3. in an action brought in the county  court  which  could  have  been
  brought,  except for the amount claimed, in any court of lesser monetary
  jurisdiction in the county, unless he shall recover  two  hundred  fifty
  dollars or more.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 81 - Costs Generally › 8103 - Costs Where Parties Prevail Upon Separate Issues.

§  8103.  Costs  where  parties prevail upon separate issues. Upon the
  recovery of a judgment in favor of the plaintiff, the  court  may  award
  costs  in  the  action  to  a  defendant  without  denying  costs to the
  plaintiff, if it determines that  a  cause  of  action  upon  which  the
  defendant prevailed is not substantially the same as any cause of action
  upon which the plaintiff recovered the judgment.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 81 - Costs Generally › 8104 - Costs in Consolidated, Severed or Removed Action.

§ 8104. Costs in consolidated, severed or removed action. Where two or
  more   actions   are   consolidated,  costs  shall  be  awarded  in  the
  consolidated action as if it had been instituted  as  a  single  action,
  unless the order of consolidation otherwise provides. Where an action is
  severed  into  two  or more actions, costs shall be awarded in each such
  action as if it had been instituted as a  separate  action,  unless  the
  order  of  severance  otherwise  provides.  Where  an action is removed,
  except pursuant to subdivision (d) of section three hundred  twenty-five
  of  this chapter, costs in the action shall be awarded as if it had been
  instituted in the court to which it is  removed,  unless  the  order  of
  removal  otherwise provides and as limited by section eighty-one hundred
  two of this chapter. Where an action is removed pursuant to  subdivision
  (d)  of  section three hundred twenty-five of this chapter, costs in the
  action shall be awarded as if it had remained in the court from which it
  was removed, as limited  by  section  eighty-one  hundred  two  of  this
  chapter.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 81 - Costs Generally › 8105 - Costs Where More Than One Plaintiff or Defendant.

§  8105.  Costs  where  more  than one plaintiff or defendant. Where a
  judgment is entered in favor of two  or  more  parties,  they  shall  be
  entitled,  in  all,  to  the same costs in the action as a single party,
  unless the court otherwise orders.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 81 - Costs Generally › 8107 - Costs Upon Appeal.

§  8107.  Costs  upon  appeal.  The  party in whose favor an appeal is
  decided in whole or in part  is  entitled  to  costs  upon  the  appeal,
  whether  or  not he is entitled to costs in the action, unless otherwise
  provided by statute, rule or order of the appellate court. Where  a  new
  trial  is  directed  upon  appeal,  costs upon the appeal may be awarded
  absolutely or to abide the event.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 81 - Costs Generally › 8108 - Specification of Denial or Award of Costs.

§  8108.  Specification of denial or award of costs. A denial of costs
  in an action to a party in whose favor the judgment is entered, an award
  of costs in an action to a party against whom the judgment  is  entered,
  an  award  of  separate costs in an action to one or more parties, or an
  apportionment of costs among several  parties,  shall  be  made  in  the
  direction  of  the court for judgment, or in the report or decision upon
  which judgment is entered, or, upon motion of the party to be  benefited
  thereby,  by an order of the judge or referee who presided at the trial.
  The decision on a motion shall specify the amount of costs awarded  upon
  the  motion,  if  any,  and  each  party  to  whom they are awarded. The
  decision on appeal shall specify  the  disposition  made  in  regard  to
  costs.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 81 - Costs Generally › 8109 - Defendant's Costs Against the State.

§  8109.  Defendant's  costs against the state. (a) Action brought for
benefit of municipal corporation. Costs awarded to the defendant  in  an
action  brought  by the state for the benefit of a municipal corporation
shall be awarded against the municipal corporation and not  against  the
state.
(b)  Payment  of  defendant's costs against the state. Where costs are
awarded to the defendant and against the state in an action brought by a
public  officer,  and  the  proceedings  have  not  been   stayed,   the
comptroller shall draw his warrant upon the treasurer for the payment of
the  costs  out  of  any  money  in  the  treasury appropriated for that
purpose, upon the production to  him  of  an  exemplified  copy  of  the
judgment  or  order  awarding the costs, a copy of a taxed bill of costs
and a certificate of the attorney-general to the effect that the  action
was  brought  pursuant to law. The fees of the clerk for the exemplified
copy shall be certified thereupon by him and included in the warrant.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 81 - Costs Generally › 8110 - Costs Against a Fiduciary.

§  8110.  Costs against a fiduciary. Where costs are awarded against a
  fiduciary, they shall be chargeable only upon the estate, fund or person
  he represents, unless the court directs them to be paid  personally  for
  mismanagement or bad faith in the prosecution or defense of the action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 82 - Amount of Costs › 8201 - Amount of Costs in an Action.

§ 8201. Amount of costs in an action. Costs awarded in an action shall
  be in the amount of:
1.  two  hundred dollars for all proceedings before a note of issue is
  filed; plus
2. two hundred dollars for all proceedings after a note  of  issue  is
  filed and before trial; plus
3.  three  hundred  dollars  for  each trial, inquest or assessment of
  damages.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 82 - Amount of Costs › 8203 - Amount of Costs on Appeal to Appellate Division and Appellate Term.

§  8203. Amount of costs on appeal to appellate division and appellate
term. (a) Unless the court awards a lesser amount, costs awarded  on  an
appeal  to  the appellate division shall be in the amount of two hundred
fifty dollars.
(b) Costs on an appeal from a county court to an appellate term may be
awarded by the appellate term in its discretion, and if awarded shall be
as follows:
1. to the appellant upon reversal, not more than thirty dollars;
2. to the  respondent  upon  affirmance,  not  more  than  twenty-five
dollars;
3. to either party on modification, not more than twenty-five dollars.
On  appeal  from  any  other court to an appellate term costs shall be
governed by the provisions of the applicable court act.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 83 - Disbursements and Additional Allowances › 8301 - Taxable Disbursements.

§  8301.  Taxable  disbursements.  (a)  Disbursements  in action or on
appeal.  A party to whom costs are awarded in an action or on appeal  is
entitled to tax his necessary disbursements for:
1. the legal fees of witnesses and of referees and other officers;
2. the reasonable compensation of commissioners taking depositions;
3.  the  legal  fees  for  publication,  where publication is directed
pursuant to law;
4. the legal fees paid for a certified copy  of  a  paper  necessarily
obtained for use on the trial;
5. the expense of securing copies of opinions and charges of judges;
6.  the reasonable expenses of printing the papers for a hearing, when
required;
7. the prospective charges for entering and docketing the judgment;
8. the sheriff's fees for receiving and returning one execution;
9. the reasonable expense of taking, and  making  two  transcripts  of
testimony  on  an  examination  before  trial, not exceeding two hundred
fifty dollars in any one action;
10. the expenses of searches made  by  title  insurance,  abstract  or
searching  companies,  or  by  any  public  officer  authorized  to make
official searches and certify to the same, or by the  attorney  for  the
party to whom costs are awarded, taxable at rates not exceeding the cost
of similar official searches;
11.   the   reasonable  expenses  actually  incurred  in  securing  an
undertaking to stay enforcement of a judgment subsequently reversed; and
12. any fee imposed by section fifty-three of  the  general  municipal
law; and
13.  such  other  reasonable  and  necessary  expenses  as are taxable
according to the course and practice of the court, by express  provision
of law or by order of the court.
(b)  Disbursements  on motion. Upon motion of any party made after the
determination of a motion, or upon its own  initiative,  the  court  may
allow  any  party  thereto  to  tax  as disbursements his reasonable and
necessary expenses of the motion.
(c) Disbursements to party not awarded  costs.  The  court  may  allow
taxation  of  disbursements by a party not awarded costs in an action or
on appeal; and shall allow taxation of  disbursements  by  a  party  not
awarded costs in an action for a sum of money only where he recovers the
sum of fifty dollars or more.
(d) Reasonable fees taxable. Where an expense for a service performed,
other  than a search, is a taxable disbursement, the court may allow its
taxation  in  an  amount  equal  to  the  reasonable  sum  actually  and
necessarily expended therefor, if it is the usual charge made by private
persons  for  the service, although it is in excess of the fee allowed a
public officer.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 83 - Disbursements and Additional Allowances › 8302 - Additional Allowance to Plaintiff as of Right in Real Property Actions.

§ 8302. Additional allowance to plaintiff as of right in real property
actions. (a) Actions in which allowance made. A plaintiff, if a judgment
is  entered  in  his  favor  and  he  recovers  costs, is entitled to an
additional allowance, in an action:
1. to foreclose a mortgage upon real property; or
2. for the partition of real property; or
3. to compel the determination of a claim to real property.
(b) Amount of allowance. An additional allowance under this rule shall
be computed upon the amount found to be due upon the  mortgage,  or  the
value  of  the  property  which  is partitioned or the claim to which is
determined, at the rate of:
1. ten per cent of a sum not exceeding two hundred dollars; plus
2. five per cent of any additional sum  not  exceeding  eight  hundred
dollars; plus
3.  two  per  cent  of  any  additional sum not exceeding two thousand
dollars; plus
4. one per cent of any additional  sum  not  exceeding  five  thousand
dollars.
(c)  Additional  allowance  where  action  settled.  Where  an  action
specified in subdivision (a) is settled before judgment,  the  plaintiff
is  entitled  to  an  additional allowance upon the amount paid upon the
settlement, computed at one-half of the rates set forth  in  subdivision
(b).
(d)  Additional  allowance  in  foreclosure  action.  In  an action to
foreclose a mortgage upon real property,  a  plaintiff  entitled  to  an
additional  allowance  pursuant  to subdivision (a) or (c) shall also be
entitled to the sum of fifty dollars. Where a part of the mortgage  debt
is  not due, if the judgment directs the sale of the whole property, the
additional allowance specified in subdivision (a) shall be  computed  as
provided in subdivision (b) upon the whole sum unpaid upon the mortgage.
If  the  judgment  directs the sale of a part only, it shall be computed
upon the sum actually due, and if the court thereafter grants  an  order
directing  the  sale  of  the  remainder  or a part thereof, it shall be
computed  upon  the  amount  then  due.  The  aggregate  of   additional
allowances  so  computed  shall not exceed the sum which would have been
allowed if the entire sum secured by the mortgage had been due when  the
judgment was entered.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 83 - Disbursements and Additional Allowances › 8303 - Additional Allowance in the Discretion of the Court.

§  8303.  Additional  allowance  in  the  discretion of the court. (a)
Discretionary allowance in  action.  Whether  or  not  costs  have  been
awarded,  the  court  before  which  the  trial was had, or in which the
judgment was entered, on motion, may award:
1. to any party to  an  action  to  foreclose  a  mortgage  upon  real
property, a sum not exceeding two and one-half percent of the sum due or
claimed to be due upon such mortgage, and not exceeding the sum of three
hundred dollars; or
2.  to any party to a difficult or extraordinary case, where a defense
has been interposed, a sum not  exceeding  five  per  cent  of  the  sum
recovered  or  claimed,  or of the value of the subject matter involved,
and not exceeding the sum of three thousand dollars; or
3. to any party to an action for the partition of real property, a sum
not exceeding five per cent of the value of the subject matter  involved
and not exceeding the sum of three thousand dollars; or
4.  to  the  fiduciary or to any party to an action which involves the
construction of a will or an intervivos trust instrument, such  sums  as
it  deems  reasonable  for  counsel  fees and other expenses necessarily
incurred with respect to such construction in the action; and the  court
may direct that the whole or any part of such allowance shall be paid to
the  attorney rendering the services in the action, and may provide that
the determination of the amount of any allowance in connection therewith
be reserved for a supplemental order to be entered  after  the  time  to
appeal  has  expired,  or  if  an  appeal  be  taken,  then  after final
determination of the appeal; and a court on appeal may make a like award
and direction on appeal; or
5. to the attorney for the petitioner in a proceeding to dispose of an
infant's property, such sum as to the court may seem just and proper; or
6. to the plaintiffs  in  an  action  or  proceeding  brought  by  the
attorney-general under articles twenty-two, twenty-two-A, twenty-three-A
or  thirty-three  or  section three hundred ninety-one-b or five hundred
twenty-a of the general business law, or  under  subdivision  twelve  of
section  sixty-three of the executive law, or under article twenty-three
of the arts and cultural affairs law, or  in  an  action  or  proceeding
brought  by the attorney-general under applicable statutes to dissolve a
corporation or for usurpation of public office, or unlawful exercise  of
franchise  or  of  corporate  right,  a  sum  not exceeding two thousand
dollars against each defendant.
(b) Discretionary allowance on enforcement motion.  The  court,  on  a
motion  relating  to  the  enforcement  of  a judgment, may award to the
judgment creditor a sum not exceeding five per cent of the  judgment  or
fifty dollars, whichever is more.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 83 - Disbursements and Additional Allowances › 8303-A - Costs Upon Frivolous Claims and Counterclaims in Actions to Recover Damages for Personal Injury, Injury to Property or Wrongful Death.

§  8303-a. Costs upon frivolous claims and counterclaims in actions to
recover damages for personal injury,  injury  to  property  or  wrongful
death.
(a)  If in an action to recover damages for personal injury, injury to
property or wrongful death, or an action brought by the  individual  who
committed  a  crime  against the victim of the crime, and such action or
claim is commenced or  continued  by  a  plaintiff  or  a  counterclaim,
defense  or  cross claim is commenced or continued by a defendant and is
found, at any time during  the  proceedings  or  upon  judgment,  to  be
frivolous  by  the  court, the court shall award to the successful party
costs and reasonable attorney's fees not exceeding ten thousand dollars.
(b) The costs and fees awarded under subdivision (a) of  this  section
shall  be  assessed either against the party bringing the action, claim,
cross claim, defense or counterclaim or against the  attorney  for  such
party,  or  against  both, as may be determined by the court, based upon
the circumstances of the case. Such costs and fees shall be in  addition
to any other judgment awarded to the successful party.
(c) In order to find the action, claim, counterclaim, defense or cross
claim  to  be frivolous under subdivision (a) of this section, the court
must find one or more of the following:
(i) the action,  claim,  counterclaim,  defense  or  cross  claim  was
commenced,  used  or  continued in bad faith, solely to delay or prolong
the resolution of the litigation or  to  harass  or  maliciously  injure
another;
(ii)  the  action,  claim,  counterclaim,  defense  or cross claim was
commenced or continued in bad faith without any reasonable basis in  law
or  fact  and  could  not  be  supported by a good faith argument for an
extension, modification or reversal of  existing  law.  If  the  action,
claim,  counterclaim,  defense  or cross claim was promptly discontinued
when the party or the attorney learned or should have learned  that  the
action,  claim,  counterclaim,  defense  or  cross  claim  lacked such a
reasonable basis, the court may find that the party or the attorney  did
not act in bad faith.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 84 - Taxation of Costs › 8401 - Computation by Clerk.

§  8401.  Computation  by  clerk.  Costs, disbursements and additional
  allowances shall be taxed by the clerk upon the application of the party
  entitled thereto. A  valuation  of  property  necessary  for  fixing  an
  additional  allowance  shall  be ascertained by the court, unless it has
  been fixed by the decision of the court, verdict of the jury, or  report
  of the referee or commissioners, upon which the judgment is entered. The
  clerk,  whether  or  not  objection  is  made,  shall  examine the bills
  presented to him for taxation; shall satisfy himself that all the  items
  allowed by him are correct and allowable; and shall strike out all items
  of  disbursements,  other than the prospective charges expressly allowed
  by  law,  not  supported  by  affidavit  showing  that  they  have  been
  necessarily  incurred  and  are  reasonable  in  amount. The clerk shall
  insert in  the  judgment  the  total  of  the  amount  taxed  as  costs,
  disbursements and additional allowances.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 84 - Taxation of Costs › 8402 - Taxation With Notice.

§  8402.  Taxation  with notice. Costs may be taxed upon at least five
  days' notice to each adverse party interested  in  reducing  the  amount
  thereof  except  one  against  whom  judgment  was entered on default in
  appearance. A copy of the bill of costs, specifying the items in detail,
  and a copy of any supporting affidavits shall be served with the notice.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 84 - Taxation of Costs › 8403 - Taxation Without Notice.

§  8403.  Taxation  without  notice.  Costs  may also be taxed without
  notice.  A party who has taxed costs without  notice  shall  immediately
  serve  a  copy  of  the bill of costs upon each party who is entitled to
  notice under section 8402.   Within five days after  such  service,  any
  such  party  may  serve  notice  of  retaxation of costs upon five days'
  notice to the party who has taxed the costs, specifying the item  as  to
  which retaxation is sought.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 84 - Taxation of Costs › 8404 - Judicial Review of Taxation or Retaxation.

§  8404. Judicial review of taxation or retaxation. Upon motion of any
  interested party, on notice, the court may allow or  disallow  any  item
  objected  to  before  the clerk; or it may order a retaxation before the
  clerk and it may specify the grounds or the proof upon which an item may
  be allowed or disallowed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 85 - Security for Costs › 8501 - Security for Costs.

§  8501.  Security  for  costs.  (a)  As  of  right.  Except where the
plaintiff has been granted permission to proceed as a poor person or  is
the  petitioner  in  a  habeas  corpus  proceeding,  upon  motion by the
defendant without notice, the court  or  a  judge  thereof  shall  order
security for costs to be given by the plaintiffs where none of them is a
domestic  corporation,  a foreign corporation licensed to do business in
the state or a resident of the state when the motion is made.
(b) In court's discretion. Upon motion by the defendant  with  notice,
or  upon  its  own initiative, the court may order the plaintiff to give
security for costs in an action by or against an assignee or trustee for
the benefit of creditors, a trustee, a receiver or debtor in  possession
in  bankruptcy,  an official trustee or committee of a person imprisoned
in this state, an executor or administrator, the committee of  a  person
judicially declared to be incompetent, the conservator of a conservatee,
a guardian ad litem, or a receiver.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 85 - Security for Costs › 8502 - Stay and Dismissal on Failure to Give Security.

§ 8502. Stay and dismissal on failure to give security. Until security
  for  costs  is given pursuant to the order of the court, all proceedings
  other than to review or vacate  such  order  shall  be  stayed.  If  the
  plaintiff  shall  not have given security for costs at the expiration of
  thirty days from the date of  the  order,  the  court  may  dismiss  the
  complaint upon motion by the defendant, and award costs in his favor.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 85 - Security for Costs › 8503 - Undertaking.

§  8503.  Undertaking.  Security  for  costs  shall  be  given  by  an
  undertaking in an amount of five hundred dollars in counties within  the
  city  of  New York, and two hundred fifty dollars in all other counties,
  or such greater amount as shall be fixed by the court that the plaintiff
  shall pay all legal costs awarded to the defendant.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 86 - Counsel Fees and Expenses in Certain Actions Against the State › 8600 - Intent and Short Title.

§  8600.  Intent  and  short  title. It is the intent of this article,
  which may hereafter be known and cited as  the  "New  York  State  Equal
  Access  to  Justice Act", to create a mechanism authorizing the recovery
  of counsel fees and other reasonable expenses in certain actions against
  the state of  New  York,  similar  to  the  provisions  of  federal  law
  contained  in  28  U.S.C. § 2412(d) and the significant body of case law
  that has evolved thereunder.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 86 - Counsel Fees and Expenses in Certain Actions Against the State › 8601 - Fees and Other Expenses in Certain Actions Against the State.

§  8601. Fees and other expenses in certain actions against the state.
(a) When awarded. In addition to  costs,  disbursements  and  additional
allowances  awarded  pursuant to sections eight thousand two hundred one
through eight thousand two hundred four and eight thousand three hundred
one through eight thousand three hundred  three  of  this  chapter,  and
except  as  otherwise  specifically  provided  by statute, a court shall
award to a prevailing party,  other  than  the  state,  fees  and  other
expenses  incurred by such party in any civil action brought against the
state, unless the court  finds  that  the  position  of  the  state  was
substantially  justified  or  that  special  circumstances make an award
unjust. Whether the position of the state  was  substantially  justified
shall  be determined solely on the basis of the record before the agency
or official whose act, acts, or failure to act gave rise  to  the  civil
action. Fees shall be determined pursuant to prevailing market rates for
the  kind  and  quality  of the services furnished, except that fees and
expenses may not be awarded to a party for any portion of the litigation
in which the party has unreasonably protracted the proceedings.
(b) Application for fees. A party seeking an award of fees  and  other
expenses  shall,  within  thirty  days  of final judgment in the action,
submit to the court an  application  which  sets  forth  (1)  the  facts
supporting  the  claim  that  the  party  is  a  prevailing party and is
eligible to receive an award under this section, (2) the amount  sought,
and  (3) an itemized statement from every attorney or expert witness for
whom fees or expenses are sought stating the actual  time  expended  and
the rate at which such fees and other expenses are claimed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 86 - Counsel Fees and Expenses in Certain Actions Against the State › 8602 - Definitions.

§ 8602. Definitions. For the purpose of this article:
(a)  "Action"  means  any  civil  action or proceeding brought to seek
judicial review of an action of the state as defined in subdivision  (g)
of this section, including an appellate proceeding, but does not include
an action brought in the court of claims.
(b)  "Fees and other expenses" means the reasonable expenses of expert
witnesses, the reasonable cost of any study, analysis, consultation with
experts, and like expenses, and reasonable attorney fees, including fees
for work performed by law students or paralegals under  the  supervision
of  an attorney incurred in connection with an administrative proceeding
and judicial action.
(c)  "Final  judgment"  means  a  judgment  that  is  final  and   not
appealable, and settlement.
(d) "Party" means (i) an individual whose net worth, not including the
value of a homestead used and occupied as a principal residence, did not
exceed  fifty  thousand  dollars at the time the civil action was filed;
(ii) any  owner  of  an  unincorporated  business  or  any  partnership,
corporation,  association,  real  estate developer or organization which
had no more than one hundred employees at the time the civil action  was
filed,  (iii)  any  organization  described  in section 501(c)(3) of the
Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation
under section 501(a) of such Code regardless of the number of employees.
(e) "Position of the state" means the act, acts or failure to act from
which judicial review is sought.
(f) "Prevailing party" means a plaintiff or petitioner  in  the  civil
action  against  the  state who prevails in whole or in substantial part
where such party and the state prevail upon separate issues.
(g) "State" means the state or any of  its  agencies  or  any  of  its
officials acting in his or her official capacity.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 86 - Counsel Fees and Expenses in Certain Actions Against the State › 8603 - Interest.

§  8603. Interest. If the state appeals an award made pursuant to this
  section and the award is affirmed in whole or in part, interest shall be
  paid on the amount of the award. Such interest shall run from  the  date
  of the award through the day before the date of the affirmance.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 86 - Counsel Fees and Expenses in Certain Actions Against the State › 8604 - Annual Report.

§  8604.  Annual  report.  The  department  of law shall file with the
  governor, the speaker of the assembly and the temporary president of the
  senate an annual report describing the number, nature and amount of each
  award in the previous fiscal year including the agency involved in  each
  action,  and  other relevant information which might aid the legislature
  and the governor in evaluating the scope and impact of such awards.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 86 - Counsel Fees and Expenses in Certain Actions Against the State › 8605 - Applicability.

§  8605. Applicability. (a) Nothing contained in this article shall be
construed to alter or modify the other provisions of this chapter  where
applicable to actions other than actions against the state.
(b) Nothing contained in this article shall be deemed to authorize the
institution  of  a  civil  action for the sole purpose of obtaining fees
incurred by a party to an administrative proceeding.
(c) Nothing contained in this article shall  affect  or  preclude  the
right  of  any  party  to  recover  fees or other expenses authorized by
common law or by any other statute, law or rule.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 90 - Failure or Adjournment of Term of Court › R9001 - No Abatement by Failure, Adjournment, or Change of Time or Place of Term of Court.

Rule  9001. No abatement by failure, adjournment, or change of time or
  place of term of court. When a term of a court fails or is adjourned  or
  the  time  or  place  of holding it is changed, all persons are bound to
  appear and all proceedings shall continue at the time and place to which
  the term is adjourned or changed, or, if it  has  failed,  at  the  next
  term,  with  like  effect  as  if  the  term had been held as originally
  appointed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 90 - Failure or Adjournment of Term of Court › R9002 - Death, Disability or Incapacity of Judge Following Verdict, Report, Decision, or Determination of Motion or Special Proceeding.

Rule 9002. Death, disability or incapacity of judge following verdict,
  report, decision, or determination of motion or special proceeding.
The death, sickness, resignation, removal from or expiration of office
  or  other  disability  or  legal  incapacity  of  a  judge following his
  verdict, report, decision  or  determination  of  a  motion  or  special
  proceeding in any matter in a civil judicial proceeding shall not affect
  its   validity.   Unless   otherwise  provided  by  rule  of  the  chief
  administrator of the courts, any other judge of the same court  may,  on
  the  application  of  a  party,  give  effect  to  such verdict, report,
  decision or determination and make and  sign  an  appropriate  order  or
  judgment  based  thereon,  which shall have the same effect as if it had
  been  made  by  the  judge  upon  whose  verdict,  report,  decision  or
  determination it is based.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 90 - Failure or Adjournment of Term of Court › R9003 - Running of Time When County Judge Disqualified From Acting in a Case.

Rule  9003. Running of time when county judge disqualified from acting
  in a case.  If a county judge is disqualified from acting  in  any  case
  pending  in  his court and files a certificate pursuant to judiciary law
  section one hundred ninety-two, the time within which any proceeding may
  be taken, as fixed by statute or rule, does not begin to run  until  the
  certificate is filed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 94 - Admission to Practice › R9401 - Committee.

Rule  9401.  Committee.    The  appellate  division  in  each judicial
  department shall appoint a committee of not less than  three  practicing
  lawyers  for  each  judicial  district  within  the  department, for the
  purpose of investigating the character and fitness  of  every  applicant
  for  admission  to  practice  as an attorney and counselor at law in the
  courts of this state. Each member of such committee  shall  serve  until
  his death, resignation or the appointment of his successor. A lawyer who
  has  been  or  who  shall be appointed a member of the committee for one
  district may be appointed a member of the committee for another district
  within the same department.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 94 - Admission to Practice › R9402 - Application for Admission.

Rule 9402. Application for admission.  Every application for admission
  to practice pursuant to the provisions of paragraph a of subdivision one
  of  section  ninety  of  the  judiciary  law  by  a  person who has been
  certified by the state board of law examiners, in  accordance  with  the
  provisions  of  section  four  hundred  sixty-four of said law, shall be
  referred by the appellate division to the committee for  a  district  in
  its  judicial  department.  Every  application for admission to practice
  which is made on motion without  the  taking  of  the  bar  examination,
  pursuant  to  rules  of  the  court  of  appeals  and  the provisions of
  paragraph b of subdivision one of section ninety of the  judiciary  law,
  by  a person already admitted to practice in another jurisdiction, shall
  be referred by the appellate division to the committee for a district in
  its judicial department.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 94 - Admission to Practice › R9403 - Referral to Another Judicial District.

Rule  9403.  Referral  to another judicial district.   Notwithstanding
  rule 9402, any application for admission to practice  pending  before  a
  committee,  may  be  referred  to  the  committee  for  another judicial
  district in the same or another department by order or direction of  the
  presiding  justice of the appellate division of the department embracing
  the district  in  which  the  application  is  pending.  Such  order  or
  direction  may  be made only upon the written request of the chairman or
  acting chairman of the committee before which the application is pending
  and only upon his written certification either:
1. that the applicant, since he applied to take the bar examination or
  to dispense with such examination or since he applied on  motion  to  be
  admitted  to  practice,  has  changed his actual residence to such other
  judicial district in the same or other department, or, if not a resident
  of the state, has acquired full-time employment in or changed his  place
  of  full-time  employment to such other judicial district in the same or
  other department; or
2. that the  majority  of  the  members  of  such  committee  are  not
  qualified  to  vote  on  the application or have disqualified themselves
  from voting or have refrained from voting thereon; or
3. that the members of such committee are  equally  divided  in  their
  opinion as the application; or
4.  that strict compliance with rule 9402 will cause undue hardship to
  the applicant.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 94 - Admission to Practice › R9404 - Certificate of Character and Fitness.

Rule  9404.  Certificate  of character and fitness.   Unless otherwise
  ordered by the appellate  division,  no  person  shall  be  admitted  to
  practice  without  a  certificate  from the proper committee that it has
  carefully investigated the character and fitness of  the  applicant  and
  that,  in  such  respects,  he  is  entitled to admission. To enable the
  committee to make such investigation,  the  justices  of  the  appellate
  division  are  authorized  to prescribe and from time to time to amend a
  form of statement or questionnaire to be  submitted  by  the  applicant,
  including  specifically  his  present  and  such  past  places of actual
  residence as may be required therein, listing the street and number,  if
  any, and the period of time he resided at each place.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 94 - Admission to Practice › R9405 - Prior Application.

Rule  9405.  Prior  application.   In the event that any applicant has
  made a prior application for admission to practice in this state  or  in
  any  other jurisdiction, then upon said statement or questionnaire or in
  an accompanying signed statement, he shall set forth in detail  all  the
  facts  with  respect  to  such prior application and its disposition. If
  such prior application had been filed in any appellate division of  this
  state  and  if  the  applicant  failed  to  obtain a certificate of good
  character and fitness from the appropriate character committee or if for
  any reason such prior application was disapproved or rejected either  by
  said  committee  or  said appellate division, he shall obtain and submit
  the written consent of said appellate division to  the  renewal  of  his
  application  in  that  appellate  division  or  in  any  other appellate
  division.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 94 - Admission to Practice › R9406 - Proof.

Rule  9406. Proof.   No person shall receive said certificate from any
  committee and no person shall be admitted to practice as an attorney and
  counselor at law in the courts of this state, unless  he  shall  furnish
  satisfactory proof to the effect:
1.  that he supports the constitutions of the United States and of the
  state of New York; and
2. that he has complied with all the requirements  of  the  applicable
  statutes of this state, the applicable rules of the court of appeals and
  the  applicable rules of the appellate division in which his application
  is pending, relating to the admission to practice  as  an  attorney  and
  counselor at law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 94 - Admission to Practice › R9407 - Filing.

Rule  9407.  Filing.    Every  application  for admission to practice,
  together  with  all  the  papers  submitted  thereon,  upon  its   final
  disposition  by  the  appellate division shall be filed in the office of
  the clerk of such appellate division.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 97 - Records of Clerks of the Courts › R9701 - Records to Be Kept by the Clerk of Appellate Division.

Rule 9701. Records to be kept by the clerk of appellate division.  The
  clerk of the appellate division in each department shall keep:
1.  a  book,  properly indexed, or an index, in which shall be entered
  the title of all proceedings in that court,  with  entries  under  each,
  showing the proceedings taken therein and the final disposition thereof;
  and
2.  a  book  in  which  shall be indexed all undertakings filed in the
  clerk's office, with a statement of the proceedings in  which  they  are
  given, and a statement of any disposition or order made of or concerning
  them; and
3.  a book, properly indexed, or an index, which shall contain (a) the
  name of each attorney admitted to practice in the department,  with  the
  date  of  the  attorney's admission, and (b) the name of each person who
  has been refused admission or who has  been  disbarred,  disciplined  or
  censured  by  the  court. The clerk of each department shall transmit to
  the clerk of the court of  appeals  and  to  the  clerks  of  the  other
  departments the names of all applicants who have been refused admission,
  and  the  names  of  all  attorneys  who  have resigned or who have been
  disbarred, disciplined, censured or reinstated by the court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 97 - Records of Clerks of the Courts › R9702 - Books to Be Kept by the Clerks of Other Courts.

Rule  9702. Books to be kept by the clerks of other courts. The clerks
  of the other courts shall keep:
1. a "judgment-book," in which shall be recorded all judgments entered
  in their offices;
2. a book, properly indexed, in which shall be entered  the  title  of
  all  civil judicial proceedings, with proper entries under each denoting
  the papers filed and the orders made and the steps taken  therein,  with
  the dates of the filing of the several papers in the proceeding;
3.  a  book,  properly indexed, in which shall be entered the name and
  address of each conservator, committee  or  guardian  who  is  appointed
  pursuant  to  the provisions of the mental hygiene law, the title of the
  proceeding, the name and address of any surety, the  papers  filed,  and
  any orders made or steps taken therein;
4.  a  book in which shall be recorded at length each undertaking of a
  public officer or any officer appointed by the  court,  filed  in  their
  offices,  except  the  undertakings of receivers appointed under section
  5228, with a statement showing when the  undertaking  was  filed  and  a
  notation  on the margin of the record showing any disposition, or order,
  made of or concerning it;
5. such other  books,  properly  indexed,  as  may  be  necessary,  or
  convenient, to contain the docket of judgments, the entry of orders, and
  all other necessary matters and proceedings; and
6.  such  other  books  as  the  chief administrator of the courts may
  direct to be kept.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 98 - Actions Against Villages › 9801 - Actions Against the Village.

§  9801. Actions against the village. 1. No action shall be maintained
  against the village for a personal injury or injury to property  alleged
  to  have  been  sustained by reason of the negligence or wrongful act of
  the village or of any officer,  agent  or  employee  thereof,  unless  a
  notice  of  claim  shall  have  been  made and served in compliance with
  section fifty-e of the general municipal law.
2. Every such action shall be commenced pursuant to the provisions  of
  section fifty-i of the general municipal law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 98 - Actions Against Villages › 9802 - Liability of Villages in Certain Actions.

§  9802.  Liability of villages in certain actions. Except as provided
  otherwise in this chapter no action  shall  be  maintained  against  the
  village upon or arising out of a contract of the village unless the same
  shall  be  commenced  within  eighteen  months after the cause of action
  therefor shall have accrued, nor unless a written verified  claim  shall
  have  been  filed with the village clerk within one year after the cause
  of action shall have accrued, and no other action  shall  be  maintained
  against  the  village unless the same shall be commenced within one year
  after the cause of action therefor shall  have  accrued,  nor  unless  a
  notice  of  claim  shall  have  been  made and served in compliance with
  section fifty-e of the general municipal law. The omission to present  a
  claim  or to commence an action thereon within the respective periods of
  time above stated applicable to such claim, shall be a bar to any  claim
  or  action therefor against said village; but no action shall be brought
  upon any such claim until forty days have elapsed after  the  filing  of
  the claim in the office of the village clerk.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 98 - Actions Against Villages › 9804 - Notice of Defects in Certain Actions.

§ 9804. Notice of defects in certain actions. No civil action shall be
  maintained  against  the  village  for  damages or injuries to person or
  property sustained  in  consequence  of  any  street,  highway,  bridge,
  culvert,  sidewalk  or crosswalk being defective, out of repair, unsafe,
  dangerous or obstructed  or  for  damages  or  injuries  to  persons  or
  property sustained solely in consequence of the existence of snow or ice
  upon  any sidewalk, crosswalk, street, highway, bridge or culvert unless
  written notice  of  the  defective,  unsafe,  dangerous  or  obstructive
  condition,  or  of  the  existence  of  the snow or ice, relating to the
  particular place, was actually given to the village clerk and there  was
  a  failure or neglect within a reasonable time after the receipt of such
  notice to repair or remove the defect, danger or obstruction  complained
  of  or  to  cause  the snow or ice to be removed, or the place otherwise
  made reasonably safe.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 100 - Repeal; Saving Clauses; Effective Date › 10001 - Repeal of the Civil Practice Act.

§  10001.  Repeal  of  the  civil practice act.   Chapter nine hundred
  twenty-five of the laws of nineteen hundred twenty, entitled "An act  in
  relation to the civil practice in the courts of the state of New York, "
  and  all  acts amendatory thereof and supplemental thereto, constituting
  the civil practice act, as heretofore in effect, are hereby repealed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 100 - Repeal; Saving Clauses; Effective Date › 10002 - Abrogation of Rules of Civil Practice.

§ 10002. Abrogation of rules of civil practice.  The rules of practice
  adopted  by  the  convention provided for by chapter nine hundred two of
  the laws of nineteen hundred  twenty,  as  amended  or  supplemented  by
  appropriate  action  of  the  justices  of the appellate division in the
  several departments pursuant to section eighty-three  of  the  judiciary
  law,  comprising  the  rules of civil practice, as heretofore in effect,
  are hereby abrogated and shall no longer be in effect.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 100 - Repeal; Saving Clauses; Effective Date › 10003 - Pending and Subsequent Proceedings.

§  10003.  Pending and subsequent proceedings. This act shall apply to
  all actions hereafter commenced.  This  act  shall  also  apply  to  all
  further  proceedings  in  pending actions, except to the extent that the
  court determines that application in a particular pending  action  would
  not  be  feasible  or  would  work  injustice, in which event the former
  procedure applies. Proceedings pursuant to law in an action taken  prior
  to  the  time this act takes effect shall not be rendered ineffectual or
  impaired by this act.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 100 - Repeal; Saving Clauses; Effective Date › 10004 - Effect of Unconstitutionality in Part.

§  10004.  Effect  of  unconstitutionality  in  part.   If any clause,
  sentence, paragraph, subdivision, section, rule or part of this  chapter
  shall  be adjudged by any court of competent jurisdiction to be invalid,
  such judgment shall not  affect,  impair  or  invalidate  the  remainder
  thereof, but shall be confined in its operation to the clause, sentence,
  paragraph,  subdivision, section, rule or part thereof directly involved
  in the controversy in which such judgment shall have been rendered.
2023 New York Laws › CVR - Civil Rights › Article 2 - Bill of Rights › 3 - Levying Taxes and Charges.

§  3.  Levying  taxes  and  charges.   No tax, duty, aid or imposition
  whatsoever, except such as may be laid by a law of  the  United  States,
  can  be  taken or levied within this state, without the grant and assent
  of the people of this state, by  their  representatives  in  senate  and
  assembly;  and no citizen of this state can be by any means compelled to
  contribute to any gift, loan, tax, or other like  charge,  not  laid  or
  imposed  by  a  law  of the United States, or by the legislature of this
  state.