N.Y. CPLR § 1102

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1102 Privileges of party with insufficient means to pay costs,fees, and expenses in an action or on appeal § 1102. Privileges of party with insufficient means to pay costs,fees, and expenses in an action or on appeal. (a) Attorney. Where acourt grants a motion pursuant to subdivision (a) of section onethousand one hundred one of this article, the court, in its orderdetermining the motion, may assign an attorney to the moving party.(b) Stenographic transcript. Where a court grants a motion pursuant tosubdivision (a) of section one thousand one hundred one of this article,the court clerk, within two days after the filing of such court's orderwith the court clerk, shall so notify the court stenographer, who,within twenty days of such notification shall make and certify twotypewritten transcripts of the stenographic minutes of said trial orhearing, and shall deliver one of said transcripts to the moving partyor such moving party's attorney, and file the other with the court clerktogether with an affidavit of the fact and date of such delivery andfiling. The expense of such transcripts shall be a county charge or, inthe counties within the city of New York, a city charge, as the case maybe, payable to the stenographer out of the court fund upon thecertificate of the judge presiding at the trial or hearing. A movingparty may be furnished with a stenographic transcript without fee byorder of the court in proceedings other than appeal, the fee therefor tobe paid by the county or, in the counties within the city of New York bythe city, as the case may be, in the same manner as is paid fortranscripts on appeal. Notwithstanding this or any other provision oflaw, fees paid for stenographic transcripts with respect to thoseproceedings specified in paragraph a of sub s is paid fortranscripts on appeal. Notwithstanding this or any other provision oflaw, fees paid for stenographic transcripts with respect to thoseproceedings specified in paragraph a of subdivision one of sectionthirty-five of the judiciary law shall be paid by the state in themanner prescribed by subdivision four of section thirty-five of thejudiciary law.(c) Appeals. On an appeal or motion for permission to appeal where acourt grants a motion pursuant to subdivision (a) of section onethousand one hundred one of this article, the moving party may submittypewritten briefs and appendices, furnishing one legible copy for eachappellate justice.(d) Costs and fees. Where a court grants a motion pursuant tosubdivision (a) of section one thousand one hundred one of this article,the moving party shall not be liable for the payment of any costs orfees unless a recovery by judgment or by settlement is had in suchmoving party's favor, in which event the court may direct such party topay out of the recovery all or part of the costs and fees, a reasonablesum for the services and expenses of any attorney assigned to such partyand any sum expended by the county or city under subdivision (b) of thissection.