N.Y. Civil Practice Law & Rules § 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 a

court grants a motion pursuant to subdivision (a) of section one

thousand one hundred one of this article, the court, in its order

determining the motion, may assign an attorney to the moving party.

(b) Stenographic transcript. Where a court grants a motion pursuant to

subdivision (a) of section one thousand one hundred one of this article,

the court clerk, within two days after the filing of such court's order

with the court clerk, shall so notify the court stenographer, who,

within twenty days of such notification shall make and certify two

typewritten transcripts of the stenographic minutes of said trial or

hearing, and shall deliver one of said transcripts to the moving party

or such moving party's attorney, and file the other with the court clerk

together with an affidavit of the fact and date of such delivery and

filing. The expense of such transcripts shall be a county charge or, in

the counties within the city of New York, a city charge, as the case may

be, payable to the stenographer out of the court fund upon the

certificate of the judge presiding at the trial or hearing. A moving

party may be furnished with a stenographic transcript without fee by

order of the court in proceedings other than appeal, the fee therefor to

be paid by the county or, in the counties within the city of New York by

the city, as the case may be, in the same manner as is paid for

transcripts on appeal. Notwithstanding this or any other provision of

law, fees paid for stenographic transcripts with respect to those

proceedings specified in paragraph a of subdivision one of section

thirty-five of the judiciary law shall be paid by the state in the

manner prescribed by subdivision four of section thirty-five of the

judiciary law.

(c) Appeals. On an appeal or motion for permission to appeal where a

court grants a motion pursuant to subdivision (a) of section one

thousand one hundred one of this article, the moving party may submit

typewritten briefs and appendices, furnishing one legible copy for each

appellate justice.

(d) Costs and fees. Where a court grants a motion pursuant to

subdivision (a) of section one thousand one hundred one of this article,

the moving party shall not be liable for the payment of any costs or

fees unless a recovery by judgment or by settlement is had in such

moving party's favor, in which event the court may direct such party to

pay out of the recovery all or part of the costs and fees, a reasonable

sum for the services and expenses of any attorney assigned to such party

and any sum expended by the county or city under subdivision (b) of this

section.