Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 8602
Definitions
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 86
§ 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.