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This entry was published on 2014-09-22
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Fees and other expenses in certain actions against the state
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 86
§ 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.