N.Y. CPLR § 8601

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8601 Fees and other expenses in certain actions against the state.(a) When awarded § 8601. Fees and other expenses in certain actions against the state.(a) When awarded. In addition to costs, disbursements and additionalallowances awarded pursuant to sections eight thousand two hundred onethrough eight thousand two hundred four and eight thousand three hundredone through eight thousand three hundred three of this chapter, andexcept as otherwise specifically provided by statute, a court shallaward to a prevailing party, other than the state, fees and otherexpenses incurred by such party in any civil action brought against thestate, unless the court finds that the position of the state wassubstantially justified or that special circumstances make an awardunjust. Whether the position of the state was substantially justifiedshall be determined solely on the basis of the record before the agencyor official whose act, acts, or failure to act gave rise to the civilaction. Fees shall be determined pursuant to prevailing market rates forthe kind and quality of the services furnished, except that fees andexpenses may not be awarded to a party for any portion of the litigationin which the party has unreasonably protracted the proceedings.(b) Application for fees. A party seeking an award of fees and otherexpenses shall, within thirty days of final judgment in the action,submit to the court an application which sets forth (1) the factssupporting the claim that the party is a prevailing party and iseligible to receive an award under this section, (2) the amount sought,and (3) an itemized statement from every attorney or expert witness forwhom fees or expenses are sought stating the actual time expended andthe rate at which such fees and other expenses are claimed.", ) an itemized statement from every attorney or expert witness forwhom fees or expenses are sought stating the actual time expended andthe rate at which such fees and other expenses are claimed.