N.Y. CPLR § 8602

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8602 Definitions § 8602. Definitions. For the purpose of this article:(a) "Action" means any civil action or proceeding brought to seekjudicial review of an action of the state as defined in subdivision (g)of this section, including an appellate proceeding, but does not includean action brought in the court of claims.(b) "Fees and other expenses" means the reasonable expenses of expertwitnesses, the reasonable cost of any study, analysis, consultation withexperts, and like expenses, and reasonable attorney fees, including feesfor work performed by law students or paralegals under the supervisionof an attorney incurred in connection with an administrative proceedingand judicial action.(c) "Final judgment" means a judgment that is final and notappealable, and settlement.(d) "Party" means (i) an individual whose net worth, not including thevalue of a homestead used and occupied as a principal residence, did notexceed 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 whichhad no more than one hundred employees at the time the civil action wasfiled, (iii) any organization described in section 501(c)(3) of theInternal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxationunder 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 fromwhich judicial review is sought.(f) "Prevailing party" means a plaintiff or petitioner in the civilaction against the state who prevails in whole or in substantial partwhere such party and the state prevail upon separate issues.(g) "State" means the state or any of its agencies or any of itsofficia against the state who prevails in whole or in substantial partwhere such party and the state prevail upon separate issues.(g) "State" means the state or any of its agencies or any of itsofficials acting in his or her official capacity.